Phani Livada - Academia.edu (original) (raw)

Papers by Phani Livada

The use of general descriptive names, registered names, trademarks, service marks, etc. in this p... more The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.

The International Criminal Court and the Crime of Aggression, 2017

Proceedings of the ASIL Annual Meeting, 2002

of the Court in a later contentious case, ultimately undermining its effectiveness? Can it be ser... more of the Court in a later contentious case, ultimately undermining its effectiveness? Can it be seriously maintained that recourse to the General Assembly would not be subject to political considerations of the sort that are disparaged with respect to the Council? These are only some of the issues that are raised by the proposals before the PrepCom. Voices have been heard in the working group that the time has come for the group to conclude its work on the crime of aggression on the basis of some of the unsustainable proposals that we have discussed here. In our view, there is no purpose to be served by prematurely concluding the international debate on a draft provision that, under any scenario, will not be finally taken up for at least seven years. On the contrary, there is much harm to be done to the international system by proceeding in a direction that is inconsistent with the Charter and that would impose a definition of the crime of aggression that does not reflect general international law.

International Community Law Review, 2017

Τhe Kiev Civil Liability Protocol creates a strict liability regime which channels liability towa... more Τhe Kiev Civil Liability Protocol creates a strict liability regime which channels liability towards the operator, providing also that such liability shall be covered by compulsory insurance. The Protocol implements the “polluter-pays” principle and, unlike other similar regimes, it is neither exclusive nor self-contained, allowing in some instances for the application of other international instruments or of relevant rules of domestic law. It is argued that the Kiev Protocol can coexist with eu Directive 2004/35 on environmental liability, given that the latter opts for an administrative approach, and could even provide a mechanism for the recovery of costs incurred by the competent public authority in case of transboundary damage, thus facilitating the implementation of the Directive. It covers both economic and, to an extent, environmental damage and, if in force, will be an important tool in the hands of the victims of transboundary pollution.

The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes, 2015

2 Due to the accident, about 100.000 cubic meters of waste water containing 50-100 tons of total ... more 2 Due to the accident, about 100.000 cubic meters of waste water containing 50-100 tons of total cyanide were released into the Someş river. The spill was caused by a leak from the gold mining installations of the Aurul Company, which was a joint Romanian-Australian enterprise. The contaminated water ran 800 km, reaching the Danube through the Tisza River. As a result, the fish produce in Hungary and Serbia was destroyed. Concerning the responsibility of Romania for the consequences of the spill on the health of individuals on the basis of Article 8 of the ECHR, see Tatar v.

The Rome Statute and Domestic Legal Orders, 2000

The use of general descriptive names, registered names, trademarks, service marks, etc. in this p... more The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.

The International Criminal Court and the Crime of Aggression, 2017

Proceedings of the ASIL Annual Meeting, 2002

of the Court in a later contentious case, ultimately undermining its effectiveness? Can it be ser... more of the Court in a later contentious case, ultimately undermining its effectiveness? Can it be seriously maintained that recourse to the General Assembly would not be subject to political considerations of the sort that are disparaged with respect to the Council? These are only some of the issues that are raised by the proposals before the PrepCom. Voices have been heard in the working group that the time has come for the group to conclude its work on the crime of aggression on the basis of some of the unsustainable proposals that we have discussed here. In our view, there is no purpose to be served by prematurely concluding the international debate on a draft provision that, under any scenario, will not be finally taken up for at least seven years. On the contrary, there is much harm to be done to the international system by proceeding in a direction that is inconsistent with the Charter and that would impose a definition of the crime of aggression that does not reflect general international law.

International Community Law Review, 2017

Τhe Kiev Civil Liability Protocol creates a strict liability regime which channels liability towa... more Τhe Kiev Civil Liability Protocol creates a strict liability regime which channels liability towards the operator, providing also that such liability shall be covered by compulsory insurance. The Protocol implements the “polluter-pays” principle and, unlike other similar regimes, it is neither exclusive nor self-contained, allowing in some instances for the application of other international instruments or of relevant rules of domestic law. It is argued that the Kiev Protocol can coexist with eu Directive 2004/35 on environmental liability, given that the latter opts for an administrative approach, and could even provide a mechanism for the recovery of costs incurred by the competent public authority in case of transboundary damage, thus facilitating the implementation of the Directive. It covers both economic and, to an extent, environmental damage and, if in force, will be an important tool in the hands of the victims of transboundary pollution.

The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes, 2015

2 Due to the accident, about 100.000 cubic meters of waste water containing 50-100 tons of total ... more 2 Due to the accident, about 100.000 cubic meters of waste water containing 50-100 tons of total cyanide were released into the Someş river. The spill was caused by a leak from the gold mining installations of the Aurul Company, which was a joint Romanian-Australian enterprise. The contaminated water ran 800 km, reaching the Danube through the Tisza River. As a result, the fish produce in Hungary and Serbia was destroyed. Concerning the responsibility of Romania for the consequences of the spill on the health of individuals on the basis of Article 8 of the ECHR, see Tatar v.

The Rome Statute and Domestic Legal Orders, 2000