Sara De Vido | Università Ca' Foscari Venezia (original) (raw)

Articles by Sara De Vido

DPCE online, 2020

This article is aimed at assessing the interplay that exists, from a legal point of view, between... more This article is aimed at assessing the interplay that exists, from a legal point of view, between the precautionary principle and science in front of the Court of Justice of the European Union with regard to two judgments concerning the use of glyphosate (Blaise and others) and the protection of animals under the 1992 Habitats Directive (Tapiola), both decided in October 2019. I will argue that the precautionary principle is more a political rather than a scientific principle that informs the activity of public authorities and that the CJEU – mutatis mutandis, potentially all courts – could examine its application through the lens of the reasonableness of the measures adopted by competent authorities.

Il contributo si inserisce nel dibattito in corso sull’adesione dell’Unione europea alla Convenzi... more Il contributo si inserisce nel dibattito in corso sull’adesione dell’Unione europea alla Convenzione del Consiglio d’Europa sulla prevenzione e la repressione della violenza nei confronti delle donne e la violenza domestica, adottata nel 2011 ed entrata in vigore nel 2014.

This Reflection draws on the judgment handed down by the European Court of Human Rights (hereinaf... more This Reflection draws on the judgment handed down by the European Court of Human Rights (hereinafter the ‘ECtHR’ or ‘Court’) in March 2017 in Elisaveta Talpis v. Italy which concerns States’ positive obligations to counter domestic violence. It sheds light on the argumentative moves of the Court to eradicate domestic violence through a very specific approach of what is relevant for the sake of interpreting States’ legal obligations. In particular, it demonstrates that the provisions of the Council of Europe’s Convention on Preventing and Combating Violence against Women and Domestic Violence, adopted in 2011 in Istanbul and entered into force in 2014 (hereinafter ‘Istanbul Convention’), can constitute ‘relevant rules of international law’ under Article 31(3)(c) of the Vienna Convention on the Law of the Treaties (VCLT) in the interpretation of applicable articles of the European Convention on Human Rights (hereinafter the ‘European Convention’).

The aim of the chapter is to revisit the ICJ judgment Pulp Mills on the River Uruguay case, decid... more The aim of the chapter is to revisit the ICJ judgment Pulp Mills on the River Uruguay case, decided in 2010, in order to appreciate the evolution of the EIA under international law and its relationship with other fundamental international law principles and rulesof international law. The scope is limited to transboundary EIAs. After briefly analysing the most significant international decisions regarding the duty to undertake an EIA, the question that will be answered is not to assess whether, but how and under which circumstances an EIA must be undertaken. It will be argued that an EIA is a flexible tool and that its content is impossible to define in general terms under customary international law, except for some basic requirements, including public consultation, which must be considered as a fundamental part of the process. As a consequence, EIAs must be shaped according to the geographical area and the type of project under analysis. The article will then explore the relationship between the duty to undertake an EIA, on the one hand, and some “traditional” principles of international environmental law, such as, for example, the “do not harm” principle. The second part will examine the relationship of EIAs with sustainable development, precaution, biodiversity, and human rights. It may be stated that transboundary EIAs have evolved from an element of the general obligation of due diligence in the prevention and control of transboundary harm, therefore with a focus on inter-State procedure, to an essential component of the relation human rights-environment. It will eventually be argued that the relation human rights-environment must also include a gender dimension.

The article explores the reasons why the EU should ratify the Council of Europe Istanbul Conventi... more The article explores the reasons why the EU should ratify the Council of Europe Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence, adopted in 2011, and the consequences the ratification may entail. In thefirst part, I will make a few remarks on the main provisions of the Convention, which must be considered as the most advanced system of protection of women from violence at the international level in force for the time being, and Iwill comment on the current status of EU gender equality policies. In thesecond part, starting from the European Commission roadmap regarding the EU accession to the Convention (October 2015), and the proposal for a Council decision on the signing of the Convention (March 2016), the Iwill analyse the legal bases for the ratification of the Convention by the EU, and the possible impact this treaty may have on EU policies. I arguefirst that the legal basis of the decision of the Council concluding the agreement cannot be limited to Articles 82 to 84 of the Treaty of the Functioning of the EU (TFEU), but should be extended to – at least – Articles 19 and 168 TFEU. I will then explore the impact of the Convention on future policies of the EU, also providing a comparison with the Convention on the Rights of Persons with Disabilities, which constitutes the first international treaty on human rights ratified by the European Union. Secondly, I will contend that one of the provisions of the Convention, namely Article 30(2), which requires States to compensate victims of violence who have sustained 'seriousinjury or impairment of health',has direct effect.

This article is aimed at analysing women's tribunals from an international law perspective. I wil... more This article is aimed at analysing women's tribunals from an international law perspective. I will first contend that women's tribunals can play the role of amici curiae in international or domestic criminal law proceedings, in all cases in which amici curiae intervention is admitted by the rules of procedures of international and domestic tribunals. Secondly, I will argue that peoples' and women's tribunals are expression of democracy in international law, where democracy means women's participation in the relevant processes of reconstruction and re-affirmation of social values in a given community. This is a feminist approach to democracy , which goes beyond " quotas " or formal equality, one of the first achievements of feminist movements, to embrace issues of effective participation in decision-making. For this purpose, I will focus on the International Tribunal on Crimes against Women held in Brussels in 1976; on the Women’s International War Crimes Tribunal set in Tokyo in 2000; and on three recent tribunals, the Court of Conscience in Guatemala, held in 2010, the Women’s Court in Sarajevo of 2015, and the World Court of Women in Bangalore convened in December 2015.

Starting from the experience of the Women’s Court for the Former Yugoslavia, the article aims to ... more Starting from the experience of the Women’s Court for the Former Yugoslavia, the article aims to analyse the practice of Peoples’ Tribunals, with specific regard to Women’s tribunals, from an international law perspective. Peoples’ Tribunals are seldom considered by international lawyers, since they are not established by States and do not render binding judgments. However, we will argue that these bodies created by civil society play an important role in the international legal system.
First, they represent the process of popular participation which is one of the expressions of democracy.
For this purpose, we will also briefly focus on the controversial concept of democracy under
international law. Secondly, they represent the collective memory of a group (in this case women) which has been partly or never heard. They hence contribute to fight silence and impunity in cases where neither the International Court of Justice or any other international court has jurisdiction over the States principally involved.

The so-called ‘culturally motivated crime’ is a phenomenon related to multiculturalism, that can ... more The so-called ‘culturally motivated crime’ is a phenomenon related to multiculturalism, that can be analysed with a special focus on a conduct committed against women: female
genital mutilation. The choice of dealing with such sensitive topic derives from a provision of the
recent CoE Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence (hereinafter CoE Istanbul Convention), in force as of August 2014, which obliges States parties to criminalize female genital mutilation, and from the practice of European States
mainly related to asylum and refugee status. An attempt to explain why the protection of core rights, like the prohibition of inhuman treatment and the protection of the physical integrity of a person, prevails in Europe over other considerations related to the (human) right to cultural
diversity will be presented. Nevertheless, it will be also argued that, due to the growing presence of immigrant communities, the mere repression is not enough, but it should be accompanied by measures aimed at developing the knowledge of human rights.

This article will evaluate whether, and to what extent, preventive measures in the fight against... more This article will evaluate whether, and to what extent, preventive measures in the fight
against money laundering may limit fundamental freedoms and human rights within the
European Union (“EU”). It will analyze two judgments rendered by the European Court of
Justice (“ECJ”) and one judgment rendered by the European Court of Human Rights
(“ECtHR”). In these three cases, the courts were asked to investigate the compatibility of
specific Anti-Money Laundering (“AML”) preventive measures with the freedom to provide
services enshrined in the Treaty on the Functioning of the European Union (“TFEU”) and
human rights. Considering the gravity of the phenomenon, AML measures have gradually
emerged as a “European general interest.” The Fourth EU Anti-Money Laundering
Directive, which has been recently adopted, displays this compelling need.

The article is aimed at analyzing two judgments rendered by the European Court of Justice related... more The article is aimed at analyzing two judgments rendered by the
European Court of Justice related to the application of the Council
Directive no. 92/43 on the conservation of natural habitats and of wild
fauna and flora (so-called « Habitats Directive »): the case Cascina Tre
Pini (C-301/12), decided on 3 April 2014, and the case Diversion of the
River Acheloos (C-43/10) decided on 11 September 2012.
The article first provides few remarks on the absence of a « human »
right to biodiversity and then scrutinizes the complex balance between the
protection of biological diversity, a core issue in international and European
legal instruments, on the one hand; and the protection of two
fundamental and derogable human rights, namely the right to property
and the right to water, on the other hand.

The purpose of the first part of this article is to explain what we consider for “network regulat... more The purpose of the first part of this article is to explain what we consider for
“network regulation” in the fight against transnational criminality, and to provide
some concrete examples of this concept. The notion has been developed in the field
of financial regulation but we will strive to demonstrate that it perfectly suits the
struggle against different forms of criminality expanded worldwide. In a second part
of this contribution, we will outline pros and cons of network regulation in order to
answer to the question as of whether or not it can be considered as an alternative to
international treaties in responding to current global threats.

European Yearbook on Human Rights, 2014

The purpose of this article is to analyze States' due diligence obligations in the adoption of me... more The purpose of this article is to analyze States' due diligence obligations in the adoption of measures to prevent and suppress violence against women, in light of the Council of Europe Istanbul Convention, adopted in 2011, which will enter into force on 1 August 2014. It will be demonstrated that the trend at the international level is to push the boundaries of the standard of due diligence, in order to encompass states' obligations to adopt measures that are aimed at responding to the specific victim's harm, including social support, and at creating the legal (and cultural) background to eliminate violence.

Libro dell'anno del Diritto 2014 (2014), 2014

The debate on water emerged strongly at the international level, due to the worrisome phenomenon ... more The debate on water emerged strongly at the international level, due to the worrisome phenomenon of water scarcity. Notwithstanding the obvious importance of water for existence on Earth, the right to water has at this moment an “ambiguous status within international human rights law”. A treaty on the
human right to water has not yet been adopted, hence this right has been derived from other rights already recognized at the international level. However, following the developments in recent years, the recognition of the right to water as a human right has increased thanks to the work by the UN Special Rapporteur on
the human right to safe drinking water and sanitation. This article focuses on one question : should it be possible to determine that the right to water as an independent right, thus not derived from other rights, is a customary international norm ? The article begins with an extensive background on the development of
the right to water in international and regional legal instruments before analyzing practice of States and opinio juris, the two fundamental elements of an international custom. The research demonstrates that, as far as the core content of the human right to water is concerned, it seems possible to say that a customary norm recognizing a “self-standing or independent right” has emerged.

DPCE online, 2020

This article is aimed at assessing the interplay that exists, from a legal point of view, between... more This article is aimed at assessing the interplay that exists, from a legal point of view, between the precautionary principle and science in front of the Court of Justice of the European Union with regard to two judgments concerning the use of glyphosate (Blaise and others) and the protection of animals under the 1992 Habitats Directive (Tapiola), both decided in October 2019. I will argue that the precautionary principle is more a political rather than a scientific principle that informs the activity of public authorities and that the CJEU – mutatis mutandis, potentially all courts – could examine its application through the lens of the reasonableness of the measures adopted by competent authorities.

Il contributo si inserisce nel dibattito in corso sull’adesione dell’Unione europea alla Convenzi... more Il contributo si inserisce nel dibattito in corso sull’adesione dell’Unione europea alla Convenzione del Consiglio d’Europa sulla prevenzione e la repressione della violenza nei confronti delle donne e la violenza domestica, adottata nel 2011 ed entrata in vigore nel 2014.

This Reflection draws on the judgment handed down by the European Court of Human Rights (hereinaf... more This Reflection draws on the judgment handed down by the European Court of Human Rights (hereinafter the ‘ECtHR’ or ‘Court’) in March 2017 in Elisaveta Talpis v. Italy which concerns States’ positive obligations to counter domestic violence. It sheds light on the argumentative moves of the Court to eradicate domestic violence through a very specific approach of what is relevant for the sake of interpreting States’ legal obligations. In particular, it demonstrates that the provisions of the Council of Europe’s Convention on Preventing and Combating Violence against Women and Domestic Violence, adopted in 2011 in Istanbul and entered into force in 2014 (hereinafter ‘Istanbul Convention’), can constitute ‘relevant rules of international law’ under Article 31(3)(c) of the Vienna Convention on the Law of the Treaties (VCLT) in the interpretation of applicable articles of the European Convention on Human Rights (hereinafter the ‘European Convention’).

The aim of the chapter is to revisit the ICJ judgment Pulp Mills on the River Uruguay case, decid... more The aim of the chapter is to revisit the ICJ judgment Pulp Mills on the River Uruguay case, decided in 2010, in order to appreciate the evolution of the EIA under international law and its relationship with other fundamental international law principles and rulesof international law. The scope is limited to transboundary EIAs. After briefly analysing the most significant international decisions regarding the duty to undertake an EIA, the question that will be answered is not to assess whether, but how and under which circumstances an EIA must be undertaken. It will be argued that an EIA is a flexible tool and that its content is impossible to define in general terms under customary international law, except for some basic requirements, including public consultation, which must be considered as a fundamental part of the process. As a consequence, EIAs must be shaped according to the geographical area and the type of project under analysis. The article will then explore the relationship between the duty to undertake an EIA, on the one hand, and some “traditional” principles of international environmental law, such as, for example, the “do not harm” principle. The second part will examine the relationship of EIAs with sustainable development, precaution, biodiversity, and human rights. It may be stated that transboundary EIAs have evolved from an element of the general obligation of due diligence in the prevention and control of transboundary harm, therefore with a focus on inter-State procedure, to an essential component of the relation human rights-environment. It will eventually be argued that the relation human rights-environment must also include a gender dimension.

The article explores the reasons why the EU should ratify the Council of Europe Istanbul Conventi... more The article explores the reasons why the EU should ratify the Council of Europe Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence, adopted in 2011, and the consequences the ratification may entail. In thefirst part, I will make a few remarks on the main provisions of the Convention, which must be considered as the most advanced system of protection of women from violence at the international level in force for the time being, and Iwill comment on the current status of EU gender equality policies. In thesecond part, starting from the European Commission roadmap regarding the EU accession to the Convention (October 2015), and the proposal for a Council decision on the signing of the Convention (March 2016), the Iwill analyse the legal bases for the ratification of the Convention by the EU, and the possible impact this treaty may have on EU policies. I arguefirst that the legal basis of the decision of the Council concluding the agreement cannot be limited to Articles 82 to 84 of the Treaty of the Functioning of the EU (TFEU), but should be extended to – at least – Articles 19 and 168 TFEU. I will then explore the impact of the Convention on future policies of the EU, also providing a comparison with the Convention on the Rights of Persons with Disabilities, which constitutes the first international treaty on human rights ratified by the European Union. Secondly, I will contend that one of the provisions of the Convention, namely Article 30(2), which requires States to compensate victims of violence who have sustained 'seriousinjury or impairment of health',has direct effect.

This article is aimed at analysing women's tribunals from an international law perspective. I wil... more This article is aimed at analysing women's tribunals from an international law perspective. I will first contend that women's tribunals can play the role of amici curiae in international or domestic criminal law proceedings, in all cases in which amici curiae intervention is admitted by the rules of procedures of international and domestic tribunals. Secondly, I will argue that peoples' and women's tribunals are expression of democracy in international law, where democracy means women's participation in the relevant processes of reconstruction and re-affirmation of social values in a given community. This is a feminist approach to democracy , which goes beyond " quotas " or formal equality, one of the first achievements of feminist movements, to embrace issues of effective participation in decision-making. For this purpose, I will focus on the International Tribunal on Crimes against Women held in Brussels in 1976; on the Women’s International War Crimes Tribunal set in Tokyo in 2000; and on three recent tribunals, the Court of Conscience in Guatemala, held in 2010, the Women’s Court in Sarajevo of 2015, and the World Court of Women in Bangalore convened in December 2015.

Starting from the experience of the Women’s Court for the Former Yugoslavia, the article aims to ... more Starting from the experience of the Women’s Court for the Former Yugoslavia, the article aims to analyse the practice of Peoples’ Tribunals, with specific regard to Women’s tribunals, from an international law perspective. Peoples’ Tribunals are seldom considered by international lawyers, since they are not established by States and do not render binding judgments. However, we will argue that these bodies created by civil society play an important role in the international legal system.
First, they represent the process of popular participation which is one of the expressions of democracy.
For this purpose, we will also briefly focus on the controversial concept of democracy under
international law. Secondly, they represent the collective memory of a group (in this case women) which has been partly or never heard. They hence contribute to fight silence and impunity in cases where neither the International Court of Justice or any other international court has jurisdiction over the States principally involved.

The so-called ‘culturally motivated crime’ is a phenomenon related to multiculturalism, that can ... more The so-called ‘culturally motivated crime’ is a phenomenon related to multiculturalism, that can be analysed with a special focus on a conduct committed against women: female
genital mutilation. The choice of dealing with such sensitive topic derives from a provision of the
recent CoE Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence (hereinafter CoE Istanbul Convention), in force as of August 2014, which obliges States parties to criminalize female genital mutilation, and from the practice of European States
mainly related to asylum and refugee status. An attempt to explain why the protection of core rights, like the prohibition of inhuman treatment and the protection of the physical integrity of a person, prevails in Europe over other considerations related to the (human) right to cultural
diversity will be presented. Nevertheless, it will be also argued that, due to the growing presence of immigrant communities, the mere repression is not enough, but it should be accompanied by measures aimed at developing the knowledge of human rights.

This article will evaluate whether, and to what extent, preventive measures in the fight against... more This article will evaluate whether, and to what extent, preventive measures in the fight
against money laundering may limit fundamental freedoms and human rights within the
European Union (“EU”). It will analyze two judgments rendered by the European Court of
Justice (“ECJ”) and one judgment rendered by the European Court of Human Rights
(“ECtHR”). In these three cases, the courts were asked to investigate the compatibility of
specific Anti-Money Laundering (“AML”) preventive measures with the freedom to provide
services enshrined in the Treaty on the Functioning of the European Union (“TFEU”) and
human rights. Considering the gravity of the phenomenon, AML measures have gradually
emerged as a “European general interest.” The Fourth EU Anti-Money Laundering
Directive, which has been recently adopted, displays this compelling need.

The article is aimed at analyzing two judgments rendered by the European Court of Justice related... more The article is aimed at analyzing two judgments rendered by the
European Court of Justice related to the application of the Council
Directive no. 92/43 on the conservation of natural habitats and of wild
fauna and flora (so-called « Habitats Directive »): the case Cascina Tre
Pini (C-301/12), decided on 3 April 2014, and the case Diversion of the
River Acheloos (C-43/10) decided on 11 September 2012.
The article first provides few remarks on the absence of a « human »
right to biodiversity and then scrutinizes the complex balance between the
protection of biological diversity, a core issue in international and European
legal instruments, on the one hand; and the protection of two
fundamental and derogable human rights, namely the right to property
and the right to water, on the other hand.

The purpose of the first part of this article is to explain what we consider for “network regulat... more The purpose of the first part of this article is to explain what we consider for
“network regulation” in the fight against transnational criminality, and to provide
some concrete examples of this concept. The notion has been developed in the field
of financial regulation but we will strive to demonstrate that it perfectly suits the
struggle against different forms of criminality expanded worldwide. In a second part
of this contribution, we will outline pros and cons of network regulation in order to
answer to the question as of whether or not it can be considered as an alternative to
international treaties in responding to current global threats.

European Yearbook on Human Rights, 2014

The purpose of this article is to analyze States' due diligence obligations in the adoption of me... more The purpose of this article is to analyze States' due diligence obligations in the adoption of measures to prevent and suppress violence against women, in light of the Council of Europe Istanbul Convention, adopted in 2011, which will enter into force on 1 August 2014. It will be demonstrated that the trend at the international level is to push the boundaries of the standard of due diligence, in order to encompass states' obligations to adopt measures that are aimed at responding to the specific victim's harm, including social support, and at creating the legal (and cultural) background to eliminate violence.

Libro dell'anno del Diritto 2014 (2014), 2014

The debate on water emerged strongly at the international level, due to the worrisome phenomenon ... more The debate on water emerged strongly at the international level, due to the worrisome phenomenon of water scarcity. Notwithstanding the obvious importance of water for existence on Earth, the right to water has at this moment an “ambiguous status within international human rights law”. A treaty on the
human right to water has not yet been adopted, hence this right has been derived from other rights already recognized at the international level. However, following the developments in recent years, the recognition of the right to water as a human right has increased thanks to the work by the UN Special Rapporteur on
the human right to safe drinking water and sanitation. This article focuses on one question : should it be possible to determine that the right to water as an independent right, thus not derived from other rights, is a customary international norm ? The article begins with an extensive background on the development of
the right to water in international and regional legal instruments before analyzing practice of States and opinio juris, the two fundamental elements of an international custom. The research demonstrates that, as far as the core content of the human right to water is concerned, it seems possible to say that a customary norm recognizing a “self-standing or independent right” has emerged.

Manchester University Press, 2020

Violence against women is characterised by its universality, the multiplicity of its forms, and t... more Violence against women is characterised by its universality, the multiplicity of its forms, and the intersectionality of diverse kinds of discrimination against women. Great emphasis in legal analysis has been placed on sex-based discrimination; however, in investigations of violence, one aspect has been overlooked: violence may severely affect women's health and access to reproductive health, and State health policies might be a cause of violence against women.

Exploring the relationship between violence against women and women's rights to health and reproductive health, Sara De Vido theorises the new concept of violence against women's health in international law using the Hippocratic paradigm, enriching human rights-based approaches to women's autonomy and reflecting on the pervasiveness of patterns of discrimination.

At the core of the book are two dimensions of violence: horizontal 'inter-personal', and vertical 'state policies'. Investigating these dimensions through decisions made by domestic, regional and international judicial or quasi-judicial bodies, De Vido reconceptualises States' obligations and eventually asks whether international law itself is the ultimate cause of violence against women's health.

Manchester University Press, 2020

Violence against women is characterised by its universality, the multiplicity of its forms, and t... more Violence against women is characterised by its universality, the multiplicity of its forms, and the intersectionality of diverse kinds of discrimination against women. Great emphasis in legal analysis has been placed on sex-based discrimination; however, in investigations of violence, one aspect has been overlooked: violence may severely affect women's health and access to reproductive health, and State health policies might be a cause of violence against women.

Exploring the relationship between violence against women and women's rights to health and reproductive health, Sara De Vido theorises the new concept of violence against women's health in international law using the Hippocratic paradigm, enriching human rights-based approaches to women's autonomy and reflecting on the pervasiveness of patterns of discrimination.

At the core of the book are two dimensions of violence: horizontal 'inter-personal', and vertical 'state policies'. Investigating these dimensions through decisions made by domestic, regional and international judicial or quasi-judicial bodies, De Vido reconceptualises States' obligations and eventually asks whether international law itself is the ultimate cause of violence against women's health.

Environmental Sustainability in the European Union: Socio-Legal Perspectives, 2020

FREE DOWNLOAD BOOK: https://www.openstarts.units.it/handle/10077/29919 This book concludes the pr... more FREE DOWNLOAD BOOK: https://www.openstarts.units.it/handle/10077/29919
This book concludes the project entitled “Environmental Sustainability in Europe: A socio-legal perspective” (2017/2020) coordinated by prof. Serena Baldin of the University of Trieste (Italy) and funded by the European Union through the Actions Jean Monnet Modules. The aim is to collect contributions on the topics that have been tackled during the three-year project and to offer a reflection on new paradigms in law, sociology and economics related to the protection of the environment

Women, Violence and International law. The CoE Istanbul Convention of 2011 (Mimesis, 2016, 290 pp... more Women, Violence and International law. The CoE Istanbul Convention of 2011 (Mimesis, 2016, 290 pp.) is an analysis under international law of the recent legal instrument, entered into force in 2014, on preventing and combating violence against women and domestic violence adopted within the Council of Europe legal system. The study is structured into three chapters. The first one is aimed at destructuring, legally speaking, the notion of violence against women, trying to capture the complexity of a severe social phenomenon, which affects all countries and all ages. The argument is that violence against women is a framework notion to which to refer several offences that, in this way, become "gendered". Two forms of violence, namely rape and domestic violence, are dealt with under the prohibition of torture, inhuman or degrading treatment. The second chapter investigates in detail the Convention, emphasizing the innovative aspects, in particular with regard to States' obligations and substantive law. The third chapter outlines, on the one hand, the positive aspects of the Convention, opened to ratification to the European Union and to non-Member States of the Council of Europe, and on the fact that it can constitute a model for further international legal instruments on combating violence against women; on the other hand, the chapter emphasizes the silences of the Convention, with regard to prostitution, violence in the cyber world (which can be fought through the provisions criminalizing stalking), and violence in detention places. The research, which is a feminist international law analysis, explores other fields of law, such EU law and the domestic law of some Countries. It also deals with issues which are at the border of more than one disciplines - law and social sciences - such as the notions of equality-non discrimination (and their translation into Italian) under international law.

The book is aimed at analyzing the issue of the offence of terrorist financing in international l... more The book is aimed at analyzing the issue of the offence of terrorist financing in international law and EU law, with a focus on some national legal systems, in order to outline the evolution the fight against that crime has had over the last ten years.
The analysis of the measures of fighting against the described offence is wide, in order, on the one hand, to identify elements of autonomy of the crime – as far as the financing of terrorist organizations is concerned - in comparison with the phenomenon of terrorism, whose definition is still blurred at the international level; on the other hand, to detect the strong links it has with other transnational financial crimes, in particular money laundering.
After the study of the legal definition of terrorist financing (which allows to discuss further the 1999 UN Convention for the repression of the financing of terrorism and the legal status of UN SC Res. no. 1373/2001), the book provides a deep research on measures of repression and prevention in the fight against the financing of terrorism, in particular considering the recommendations of the Financial Action Task Force, recently revised. The analysis of the huge amount of international practice identified is then aimed at the demonstrating that international cooperation is perceived as obligation under international law, not only because it is provided by the UN SC Res. no. 1373/2001, but also because of a customary international norm.
The book further explores the issue of the protection of human rights. As it is proven, international cooperation in the fight against the offence has not diminished during the years, but it has changed in order to consider the need to protect human rights while countering terrorism. More than 10 years after Sep. 11th 2001, we are witnessing a difficult balancing between security at national level and the need to protect fundamental human rights. In this sense, one can mention the evolution of the UN sanctions regime (included the introduction of the Ombudsperson) against alleged terrorists as well as the conclusion of the EU-US agreement on the Terrorist Finance Tracking Programme, which the book provides. Furthermore, the jurisprudence of the European Court of Human Rights and of the EU Court of Justice is deeply discussed in order to understand the complex endeavour to balance two different needs – security and human rights – which nowadays, at least at European level, do not exclude each other, but they may be considered as complementary.
The book provides further some recent examples of international practice: from the first Moneyval report on the Holy See (July 2012) to the judgments of US courts in cases also brought before EU courts, for example the well-known Kadi saga.

Ricerche giuridiche, 2015

This note is about the new EU exclusive competence over foreign direct investment in light of the... more This note is about the new EU exclusive competence over foreign direct investment in light of the ongoing negotiations for Free Trade Agreements with third countries. After presenting the status of negotiations for some agreements, with specific regard to the Transatlantic Trade and Investment Partnership, the authors argue that the European Parliament-by virtue of the enlarged competences obtained thanks to the Lisbon Treaty-will play an important role in safeguarding sensitive sectors of EU economy. Sommario 1. L'attribuzione di competenze esclusive in materia di investimenti diretti esteri in capo all'Unione europea.-2. FTAs di "nuova generazione".-3. I negoziati in corso relativi ad accordi contenenti norme in materia di investimenti UE-Stati terzi: uno sguardo d'insieme.-4. Tutela degli investitori e diritti umani: il ruolo del Parlamento europeo.

Violence against women’s health in international law, 2020

Violence against women’s health in international law, 2020

Starting from the beginning: the nature of state obligations This chapter consists in the treatme... more Starting from the beginning: the nature of state obligations This chapter consists in the treatment, and it attempts to find an answer to the question which obligations states must abide by with regard to VAWH? There is often no univocal response-and hence a treatment-to a disease. However, the current legal instruments underestimate-to the point of not even mentioning women's rights to health and to reproductive health-the point that focusing on health is a way, in considering states' obligations as in other discussions, to counter VAW committed, whether by private or public actors (or both), in interpersonal relations, or perpetrated through policies, laws and, as underlined in chapter 2, accepted practices in the public or private health sector, in the field of health and reproductive health. In the analysis of VAWH as conceived in this book, I will reconceptualise states' obligations including both dimensions. In the horizontal dimension, interpersonal violence, it is easier to find elaborations of states' positive obligations, expressed as 'prevention, protection, prosecution and policies,' to use the pillars of the Council of Europe Istanbul Convention-and jurisprudence is quite abundant in that respect. In the vertical dimension, as Rebecca Cook has argued, 'the challenge remains of requiring States to satisfy the positive duty of providing qualified services where women have no access to them on their own.' 1 This is especially true, for example, in the field of access to contraceptives, since this 'may depend on governments' financial resources and the political will to allocate them to the service of such rights.' 2 If, on one hand, 'the right to reproductive choice as a negative right has been successfully asserted in many countries by judicial decisions restricting governmental intervention,' the right to such choice 'has not been as successfully advanced as a positive right, since courts are less willing and able to direct governmental discretion on resource allocation.' 3 My paradigm will allow us to put the two dimensions 'under the same umbrella' in terms of states' obligations, and to find that states' obligations 'specialise' along one or other of the dimensions. In this section, I will elaborate further the intuition of the CEDAW in GR No. 35 of 2017, which stressed that states have obligations stemming from actions committed by state and non-state

The purpose of this article is to compare contemporary preambles, especially those to multilatera... more The purpose of this article is to compare contemporary preambles, especially those to multilateral treaties, with the preambles theorized by Plato in the Laws. Our thesis is that preambles actually “persuade” states to implement treaty provisions and to justify the adoption of international legal instruments to their people, precisely as was argued by Plato in the Laws. In order to demonstrate this thesis, we will describe the main characteristics of Plato’s preambles and will provide textual evidence so as to point out their significance for an understanding of contemporary preambles. The article stresses the persuasive force that moral emotions may have if introduced in contemporary preambles. Keywords: Preambles, Plato, International Law, Persuasion, Rhetoric.

The purpose of this article is to provide a first comment to the new provisions on virtual curren... more The purpose of this article is to provide a first comment to the new provisions on virtual currencies included in the European Union Directive 2018/843, amending Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, known as Fifth Anti-Money Laundering Directive. The Directive requires States to include, among the obliged entities to respect anti-money laundering and counter-terrorism financing requirements, such as ‘knowyour-customer’, the ‘providers engaged in exchange services between virtual currencies and fiat currencies.’ To the big dilemma: ‘to regulate or not to regulate’ virtual currencies, including Bitcoins, the EU answered that yes, we must regulate. However, what is the meaning of regulating Bitcoins? After presenting what VC are and which challenges they pose to international law, I will argue that regulation is fundamental in order to avoid the exploitation of these currencies for the purpo...

Laura Candiotto, nel capitolo V “Il dualismo strutturale e la naturacultura della violenza contro... more Laura Candiotto, nel capitolo V “Il dualismo strutturale e la naturacultura della violenza contro le donne. Una lettura fi losofi ca del preambolo alla Convenzione di Istanbul”, identifica nel dualismo il fondamento della violenza strutturale nei confronti delle donne. Il dualismo infatti si trasforma inevitabilmente nella vittoria sistemica e strutturale di un genere sull’altro e differisce dalla dualità che è invece garante dell’elemento vitale della differenza sessuale. Esplicitando il meccanismo secondo il quale viene reso “naturale” ciò che invece è “culturale”, Candiotto descrive, nelle loro caratteristiche principali, le dinamiche che conducono dall’iperseparazione all’inglobamento come violenza simbolica. Questo capitolo fornisce inoltre un’accurata analisi linguistica e filosofica del preambolo alla Convenzione, portando in evidenza alcuni limiti. In particolare, Candiotto sottolinea come nella traduzione italiana le parole “equality” ed “égalité” siano state tradotte a volte come “uguaglianza” e a volte come “parità”, creando pericolosi slittamenti semantici verso l’espressione “uguaglianza di genere”. Il carattere performativo del linguaggio, infatti, rischia in questo modo di mediare una modello di prevenzione della violenza nei confronti delle donne incapace di ottemperare ai principi sanciti dalla “gender equality”. Il capitolo si conclude enucleando alcune prospettive, specialmente in merito agli impegni assunti dagli Stati parte, ed evidenziando come questi richiedano una chiara presa di posizione nei confronti di una trasformazione della cultura-struttura.

All Members, Associate Members and observers are entitled to attend the open sessions of Plenary ... more All Members, Associate Members and observers are entitled to attend the open sessions of Plenary Meetings. All Members and Associate Members are entitled to attend closed Plenary sessions. 23. The President may extend ad hoc invitations to representatives of non-Members to attend the whole or part of Plenary Meetings. In the context of specific (closed) sessions of the Plenary and after consultation with Members, the President may also invite representatives from the IMF, World Bank or observer bodies. Meetings 24. The President convenes at least three Plenary Meetings every calendar year, normally in February, June and October. 25. Additional extraordinary meetings may be held as circumstances arise, at such time and place as the President may designate, following consultation with Members. Working Groups and Other Subgroups 26. To support the work of the FATF, the Plenary may establish and mandate working groups and other subgroups as necessary. 27. The chairs of the working groups and subgroups are selected from and appointed by the Plenary at the President's recommendation. They report to the Plenary on their work programmes. 28. Participation in working groups and other subgroups is open to all Members, Associate Members, the IMF, the World Bank and observers. 29. The Secretariat supports the work of the working groups and other subgroups. 30. The current working groups of the FATF are listed in Annex D of this Mandate. President Appointment and Responsibilities 31. The FATF President is appointed by the Plenary from among its Members for a term of one year. The term of the President begins on 1 July and ends on 30 June of the following year. 32. The President convenes and chairs the meetings of the Plenary and of the Steering Group. The President oversees the FATF Secretariat. 33. The President is the principal spokesperson for the FATF and represents the FATF externally. The President will be informed of all significant matters that concern the FATF. More generally, the President takes all decisions and actions as necessary to achieve the objectives of the FATF in accordance with this mandate and the directions given by the Plenary. The President reports

<div> <p>Starting from the experience of the Women's Court for the Former Yugosla... more <div> <p>Starting from the experience of the Women's Court for the Former Yugoslavia, the article aims to analyse the practice of Peoples' Tribunals, with specific regard to Women's tribunals, from an international law perspective. Peoples' Tribunals are seldom considered by international lawyers, since they are not established by States and do not render binding judgments. However, we will argue that these bodies created by civil society play an important role in the international legal system. First, they represent the process of popular participation which is one of the expressions of democracy. For this purpose, we will also briefly focus on the controversial concept of democracy under international law. Secondly, they represent the collective memory of a group (in this case women) which has been partly or never heard. They hence contribute to fight silence and impunity in cases where neither the International Court of Justice or any other international court has jurisdiction over the States principally involved. </p> </div>

The so-called ‘culturally motivated crime’ is a phenomenon related to multiculturalism, that can ... more The so-called ‘culturally motivated crime’ is a phenomenon related to multiculturalism, that can be analysed with a special focus on a conduct committed against women: female genital mutilation. The choice of dealing with such sensitive topic derives from a provision of the recent CoE Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence (hereinafter CoE Istanbul Convention), in force as of August 2014, which obliges States parties to criminalize female genital mutilation, and from the practice of European States mainly related to asylum and refugee status. An attempt to explain why the protection of core rights, like the prohibition of inhuman treatment and the protection of the physical integrity of a person, prevails in Europe over other considerations related to the (human) right to cultural diversity will be presented. Nevertheless, it will be also argued that, due to the growing presence of immigrant communities, the mere repression is no...

Fundamental Rights and Best Interests of the Child in Transnational Families, 2019

Hitotsubashi journal of law and politics, 2018

also Viroli 2013. 2 Trading in influence occurs when a person who has real or apparent influence ... more also Viroli 2013. 2 Trading in influence occurs when a person who has real or apparent influence on the decision-making of a public official exchanges this influence for an undue advantage. See OECD, 2007, 25. 3 Corruption and bribery are usually used as synonims. To be precise, bribery is a specific act of corruption, which in turn is a wider phenomenon encompassing acts like the embezzlement of public assets.

This article explores the impact of the CoViD-19 pandemic, and the measures adopted in response t... more This article explores the impact of the CoViD-19 pandemic, and the measures adopted in response to it, on women’s rights to health and reproductive health. It will argue that the pandemic has exacerbated systemic and deeply entrenched gender inequalities, and that it has been used as an excuse to restrict women’s rights to health and reproductive health through policies and laws whose declared purpose was to address the health emergency. It will provide examples of State practice in the field of access to abortion and maternal health and contend that States have legal obligations under international human rights law to guarantee access to these rights, also during emergencies.

Violence against women’s health in international law, 2020

Originally associated with the Melland Schill Lectures at the Manchester International Law centre... more Originally associated with the Melland Schill Lectures at the Manchester International Law centre, this prestigious series brings together the very best scholarship, carefully curated by leading experts. Each volume tackles major issues and current developments in the field, and the series has moved beyond its earlier iterations to become a home for exceptional academic work from around the world. Many of the works previously published under the name 'Melland Schill monographs', have become standard references in the field, such as General AVP Rogers' exposition of law on the battlefield; Anthony Carty on the decay of international law; Professors Hilary Charlesworth and Christine Chinkin on feminism and international law; Professors Vaughan Lowe and Robin Churchill on the law of the sea; Nigel White on the law of international organisations; and Professor L.C. Green on the law of armed conflict. Under the stewardship of new editors and published in a variety of digital editions as well as in print, this venerable series has been given renewed vigour. v Contents Acknowledgements page vii Abbreviations ix Introduction: the narrative Premise and main argument: elaborating the new notion of violence against women's health Background Violence against women: the knowledge so far The reasons underlying the choice of the right to health and the right to reproductive health Why human rights and why women's rights? Perspective: the Hippocratic medical paradigm Structure of the book 1 The anamnesis: 'case history' on violence against women, and against women's rights to health and to reproductive health The anamnesis, a two-dimensional approach The horizontal, 'interpersonal' dimension The vertical, 'state policies' dimension Conclusions: paving the way for the diagnosis 2 The diagnosis: a conceptualisation of violence against women's health (VAWH) Unravelling the notion of violence against women's health Consent and autonomy in the concept of VAWH Access to contraception Conclusions 3 The treatment: reconceptualising states' obligations in countering VAWH Starting from the beginning: the nature of state obligations

German Law Journal, 2015

This article will evaluate whether, and to what extent, preventive measures in the fight against ... more This article will evaluate whether, and to what extent, preventive measures in the fight against money laundering may limit fundamental freedoms and human rights within the European Union (“EU”). It will analyze two judgments rendered by the European Court of Justice (“ECJ”) and one judgment rendered by the European Court of Human Rights (“ECtHR”). In these three cases, the courts were asked to investigate the compatibility of specific Anti-Money Laundering (“AML”) preventive measures with the freedom to provide services enshrined in the Treaty on the Functioning of the European Union (“TFEU”) and human rights. Considering the gravity of the phenomenon, AML measures have gradually emerged as a “European general interest.” The Fourth EU Anti-Money Laundering Directive, which has been recently adopted, displays this compelling need.

Environmental Protection in the European Union, 2016

This chapter aims to analyse the EU Birds and Habitats Directives, dating back to 1979 and 1992 r... more This chapter aims to analyse the EU Birds and Habitats Directives, dating back to 1979 and 1992 respectively, from an evolving perspective, stressing their role in the protection of biodiversity in Europe. In the first part of the chapter, we will argue that the European Court of Justice (ECJ) has played an important role in defining the balance between the feasibility of ‘human’ projects and the compelling need to protect habitats and species. The Court has developed a restrictive interpretation of the directives’ provisions, introducing derogations to the system of protection, and by virtue of its jurisprudence, it has stimulated the action of national legislators and judges in favour of biodiversity. In the second part of the chapter, we will analyse the transposition of both directives into the Italian legal system. In particular, we will focus on a recent case examined by the ECJ related to projects likely to affect protected habitats, and on an infringement procedure started against Italy concerning hunting. We will conclude that the balance between the protection of biodiversity and human activities refers to the interplay – not the opposition – between anthropocentrism and non-anthropocentrism; this balance needs to be achieved by judges on a case-by-case basis, in light of the principles of proportionality and precaution.

European Journal of International Law, 2014

Water has been a challenging issue over the centuries. From questions of national boundaries and ... more Water has been a challenging issue over the centuries. From questions of national boundaries and navigation, quite common in the past, to the development of a human right to water, this essential element for human life has always spurred debate among international lawyers, economists, political scientists, geographers, and anthropologists. The reason may be found in the scarcity of water, a phenomenon which affects both developed and developing countries. Much has been written on the topic, but the three books under review significantly contribute to a critical analysis of some pertinent legal issues related to water. 1 The title of each monograph reflects 1 It is impossible to mention all the outstanding works that have been written on water and on watercourses. As far as the human right to water is concerned see, inter alia:

: The number of transnational couples, in which spouses have different nationalities or double na... more : The number of transnational couples, in which spouses have different nationalities or double nationality, or reside in different States, has been increasing in the last years. The aim of this article is to analyse the issue of double nationality in European family law, limiting the scope of research on matrimonial matters. It will be first argued that double nationality is not a new topic in the European Court of Justice (ECJ) case law, starting from the well-known Micheletti judgment. The principle outlined twenty years ago has been recently confirmed in the Hadadi case, regarding the determination of the competent court in divorce proceedings, thus in the field of private international law. It will then be analysed whether situations of double nationality are also likely to occur in conflict-of-laws issues. Reference must be made today to EU Regulation no. 1259/2010 on implementing enhanced cooperation in the area of the law applicable to divorce and legal separation. Since situ...

CALL FOR PAPER, 2019

Call for papers Nell'ambito delle 16 giornate di attivismo contro la violenza di genere promossa ... more Call for papers Nell'ambito delle 16 giornate di attivismo contro la violenza di genere promossa dall'ONU, la rivista DEP. Deportate, esuli, profughe organizza un convegno internazionale sul tema del diritto delle donne alla libertà riproduttiva. Il controllo della fertilità femminile ha origini antiche, ma solo a partire dall'inizio del Novecento, in particolare in Europa e negli Stati Uniti, si andarono affermando i movimenti per il controllo delle nascite, nacquero le prime cliniche deputate a questo scopo, apparvero nuove riviste rivolte ad un pubblico vasto, e i dilemmi e i drammi vissuti dalle donne si diffusero con immediatezza anche attraverso opere letterarie e teatrali. Questo attivismo culminò nel dibattito sulla cosiddetta "grève des ventres". In quegli anni l'affermazione del diritto alla libertà riproduttiva si intrecciò con il movimento per il suffragio, accompagnandosi a una critica radicale della scienza medica e dei suoi presupposti. Nel corso delle guerre mondiali e negli anni immediatamente successivi, l'inasprimento delle leggi che reprimevano le pratiche di limitazione delle nascite diedero piuttosto nuovo impulso a movimenti che sarebbero sfociati nelle lotte e nelle conquiste dei decenni successivi. Il convegno si articolerà secondo i seguenti gruppi tematici:-riflessione femminile e femminista sulla libertà riproduttiva in un ampio arco temporale, in diversi contesti nazionali e ambiti Lingue del convegno: italiano/inglese Le proposte dovranno pervenire all'indirizzo depjournal@unive.it entro il31 maggio 2019. 30 giugno2019: comunicazione esiti della selezione. 30 settembre 2019: termine dell'invio di un abstract di 3.000 caratteri.

The article explores the reasons why the EU should ratify the Council of Europe Istanbul Conventi... more The article explores the reasons why the EU should ratify the Council of Europe Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence, adopted in 2011, and the consequences the ratification may entail. In a first part, I will make a few remarks on the main provisions of the Convention, which must be considered as the most advanced system of protection of women from violence at the international level in force for the time being, and we will comment on the current status of EU gender equality policies. In a second part, starting from the European Commission roadmap regarding the EU accession to the Convention (October 2015), and the proposal for a Council decision on the signing of the Convention (March 2016), the article will analyse the legal bases for the ratification of the Convention by the EU, and the possible impact this treaty may have on EU policies. The article argues first that the legal basis of the decision of the Council concluding the agreement cannot be limited to Articles 82 to 84 of the Treaty of the Functioning of the EU (TFEU), but should be extended to – at least – Articles 19 and 168 TFEU. We will then explore the impact of the Convention on future policies of the EU, also providing a comparison with the Convention on the Rights of Persons with Disabilities, which constitutes the first international treaty on human rights ratified by the European Union. Secondly, we will contend that one of the provisions of the Convention, namely Article 30(2), which requires States to compensate victims of violence who have sustained ‘serious injury or impairment of health,’ has direct effect.

This Reflection draws on the judgment handed down by the European Court of Human Rights (hereinaf... more This Reflection draws on the judgment handed down by the European Court of Human Rights (hereinafter the ‘ECtHR’ or ‘Court’) in March 2017 in Elisaveta Talpis v. Italy] which concerns States’ positive obligations to counter domestic violence. It sheds light on the argumentative moves of the Court to eradicate domestic violence through a very specific approach of what is relevant for the sake of interpreting States’ legal obligations. In particular, it demonstrates that the provisions of the Council of Europe’s Convention on Preventing and Combating Violence against Women and Domestic Violence, adopted in 2011 in Istanbul and entered into force in 2014, can constitute ‘relevant rules of international law’ under Article 31(3)(c) of the Vienna Convention on the Law of the Treaties (VCLT) in the interpretation of applicable articles of the European Convention on Human Rights (hereinafter the ‘European Convention’).

International Conference - Trieste 18-19 october 2018

International Workshop - Treviso Campus