International Law, Law of International Organizations, EU Integration Process: The Role of Italy and National Practice on Implementation

The aim of the Project is to analyse and assess, from the viewpoint of international law, the relationship that exists between the domestic legal order of Italy and the international and EU legal orders. The Project is structured in two sections each other complementary.

One section focuses on the contribution given by Italy to the development of international law, including unwritten law. It also explores the role Italy plays in the context of State multilateral relations and, most in particular, as a Member of the United Nations, the European Union, and other global or regional European organizations. The other section has the main purpose of advancing and disseminating knowledge on the application of international and EU law in Italy. This includes studies on the obligations resulting from Italy’s participation in multilateral treaties and the EU integration process, and the impact of these obligations on the domestic legal order and the civil society in Italy.

All Project activities are carried out with a view to help filling gaps in the existing legal and institutional framework, and support action for putting legislation, policies and practices in line with the changes that continuously occur globally, in Europe, and at the national level.

Law and International Cooperation in the Fields of Sustainable Development, Environmental Protection, Management of Natural Resources and Space
The Project aims to analyse and evaluate the tools, financial resources, priorities and objectives of the international and European bilateral, multi-bilateral and multilateral cooperation for environmental protection and the management of natural resources. Particular attention is paid to cooperation in the sectors of energy and space. In this context, it is of great importance to define innovative approaches, measures, plans, and modes of action, taking into account new geopolitical scenarios at the global and regional levels, humanitarian and environmental emergencies (some of which originate in climate change), and the multiplication of conflict zones.

The Project research, higher education and institutional consulting activities concern: systems of governance; the relationship between human rights and the environment; the consequences of the development of economic activities in the polar regions; the international designation of protected areas. Higher and post graduate education activities include the Master’s Degree in “Space Institutions and Policies” set up by ISGI in collaboration with the Italian Space Agency (ASI) and the Italian Society for International Organisations (SIOI).

At the regional level, the Project  focuses on the processes of harmonization of laws in Eastern Europe Countries with regard to the ‘acquis communautaire’. [more>>]

Multilevel Protection of Human Rights in International, European and National Law

The Project research, training and consulting activities, as well as scientific dissemination initiatives, pursue the goal of studying the role of the protection of fundamental human rights in the present historical context characterized by a resurgence of the international terrorism and the economic crisis. These phenomena influence the protection of human rights in many aspects with repercussions both in domestic law and in international and European law.

In this framework, the Project aims to contribute to the national and international debate on the protection of fundamental rights and enhance the scientific activities carried out in this field by ISGI.

To this end, the research activities mainly focus on the impact of international human rights instruments on domestic legal systems, in particular in the field of social rights, the rights of persons with disabilities and other vulnerable subjects.

Judging the Charter. The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers

Capacity: the law is equal to all – Innovative Models and Tools for Support Decision-Making and Full Social Inclusion of People with Intellectual Disabilities

The CAPACITY Project is carried out by ISGI in collaboration with the association ANFFAS Onlus, National Association of Families of People with Intellectual and/or Relational Disabilities. Its main objective is to contribute to the full implementation of Article 12 (“Equal recognition before the law”) of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in the Italian legal order. In this perspective, the ISGI study focuses first on the scope of Article 12 of the CRPD and the practice of the Committee of the Convention in this matter. It then examines the legal protection regime of persons with disabilities (disqualification, incapacitation, administrative support) provided for in the Italian law in order to evaluate its compliance with the Convention, to identify its criticalities and to recommend suitable measures to bring the Italian system into conformity with the CRPD and the recommendations of its Committee contained in the Concluding Observations on Italy and in the General Comment no. 1 of 2014.

Keywords: people with intellectual disabilities, legal capacity, ability to act, disqualification, incapacitation, administrative support

Human Rights of Asylum Seekers in Italy and Hungary – Influence of International and EU Law on Domestic Actions

Italy has been a long target of Mediterranean crossings, while Hungary is a relatively new target of mass migration. The comparative analysis of the sector legislation of these two countries, and of their relation with European and international law, will highlight fundamental trends and challenges concerning the future of handling migration towards the EU.

The research will focus on the effectiveness of European and international regulations through the analysis of their implementation in Italy and Hungary. Two main sets of questions will be evaluated: the obligations of the states, in particular of the border states, and the implications on human rights.

The aim of this research is to identify the limits and paths of state actions in Italy and Hungary, eventually defining proposals for further harmonizing international, EU and national law in this sector. [more >>]

Relations between the EU, Eastern Countries and Russia. New Challenges and Opportunities in Ukraine

The Maidan earthquake, the proclamation of independence by the Crimea and its accession to Russia, and the conflict between the Kyiv Government and the self-proclaimed Republics of Donetsk and Luhansk, have raised various questions with regard to applicable international law, and made the issue of EU relations with the Eastern Countries and Russia one of the hottest political issues at the global level.

The aim of this analysis of the relations between the EU and its member States on one hand, and the Eastern Countries and Russia on the other,  is to contribute to the evaluation and development of EU policies towards these countries. In particular, the research will focus on: a) the EU’s position on the various aspects of the Ukrainian “Crisis”, also considering the interests and orientations of Italy and the other EU Member States; b) the impact of the Ukrainian Crisis on the relations between the EU, its Member States and Russia, including the economic sanctions issue; c) the implementation of the new EU Association Agreements with Georgia, Moldova and Ukraine and the process of harmonization of the legislation of Eastern Countries with the acquis communautaire; d) the implications of these tensions in Eastern Europe on other global and regional geo-political scenarios, particularly with regard to the relations between NATO and Russia, the management of the various ‘frozen conflicts’ in the Eastern Countries, and international cooperation in the Arctic.

Higher education and institutional consultancy activities will be developed for use in the public institutions, universities and research centres of the Eastern Countries, possibly in cooperation with the UN, the EU and other Member States bodies. [more>>]

Unification and Integration of Law in Latin-America

The Project focuses on the harmonization and unification of law and the law of integration in Europe and Latin-America. These issues are connected to a number of ongoing developments in the Europe and Latin-America legal orders.

The Project has the potential to gather different research interests. In the first place, it is aimed at supporting proposals on a renewed ius gentum founded on Roman Law as the common basis of either the European and Latin-American legal orders. Roman Law is a system underpinning law in both these geographical areas; it can be hence leveraged in order to foster dialogue and interaction between the European and the Latin-American sub-systems at the national and supra-national levels.

Moreover, the Project contributes to detect within the framework of the existing legal systems, the main features of the Latin-American sub-system insofar they originated in Roman Law. Project activity is also directed to support efforts towards harmonisation of law, especially focusing on the integration processes which are present in the Latin-American sub-continent.

SPANISH VERSION:

Unificación e integración del derecho en Europa y en América Latina

El Proyecto versa sobre la armonización/unificación del derecho en Europa e in América Latina y sobre el derecho de la integración. Estos temas tienen un punto de contacto con las actuales vicisitudes de los ordenamientos europeos y latinoamericanos.

El Proyecto tiene la potencialidad de concentrar distintos intereses de investigación. En primer lugar, el que propone un renovado ius gentium, fundado sobre la base unitaria del derecho romano común, constitutiva del derecho de ambas áreas geográficas y que, en consecuencia, favorece el diálogo y la integración (tanto a nivel nacional como supranacional) entre los subsistemas jurídicos europeo y latinoamericano en el ámbito del sistema romanístico.

En segundo lugar, el dirigido a la individualización de un subsistema jurídico latinoamericano como desarrollo interno propio del sistema jurídico romanístico, a través del estudio de sus elementos caracterizantes, en el marco de los grandes sistema jurídicos contemporáneos.

Asimismo, el Proyecto, por su importancia, comprende las investigaciones que se ocupan de los intentos de armonización del derecho, con particular atención a los diversos procesos de integración en marcha en el subcontinente americano.

Network of Experts on the Legal Aspects of Maritime Safety and Security (Marsafenet)

The Marsafenet Cost Action IS1105 is a Network of experts on the legal aspects of maritime safety and security, funded by the EU under H2020.

Marsafenet aims to bring together experts in international law of the sea in order to increase the knowledge on these topics and to develop a common conceptual and methodological framework with the goal of contributing to fill the legal gaps and transforming scientific results into feasible solutions for ensuring safety and security at sea. The Action is intended to foster the identification and exploitation of synergies between EU policies on maritime safety and security and to be complementary to the existing European cross-sectorial initiatives in this area, allowing the existing knowledge to be shared and enhanced within a structured comparative framework, with a view to disseminating findings at national and international level and identifying inputs for supporting the decision-making process in the field.

Marsafenet is dealing with current urgent maritime matters focusing on four main issues: i.e., shipping and marine environmental protection, new developments of economic activities at sea, maritime international security and border surveillance and, finally, protection of fragile and semi enclosed seas.

International law of the sea has significantly contributed to the evolution and the development of International law since dealing with huge areas of the planet within  and beyond State jurisdiction. Recently, the significant and increased use of the seas has highlighted the need of developing connections and cross-references among several domains involved, as marine environment protection and human rights law. [more>>]

Preventing, Redressing and Inhibiting Hate Speech in New Media (PRISM)

The Project takes into consideration the expressions of hate speech in the social media. It is conducted by ISGI in cooperation with a wide and articulated network of actors. Among them in particular UNICRI, the United Nations institute for research in the field of crime and criminal law, the University of Barcelona and several associations operating in many European countries (among them ARCI, which is the coordinator).

PRISM Project is financed by European Union through its Initiative for human rights and democracy. The task of ISGI is to explore the aspects concerning international and European law, analyzing the legal framework of the phenomenon. ISGI cooperates also in performing the various training and communication activities foreseen by the Project. The aim is that of fighting against hate speech, increasing the awareness of the public and alimenting the exchange of good practices among all concerned actors (associations, lawyers, enforcement agencies).

Scientific Cooperation with CASS (Chinese Academy of Social Sciences)

The cooperation Project with the Chinese Academy of Social Sciences concerns social rights and intends to open a constructive dialogue and an exchange of information on the situation of those rights in China, Europe and Italy.

A concentric approach has been chosen, dedicating the first year to social rights in general, the second one to right to health and the third one to the issue of disability. In that way a dialogue among different legal and political systems is pursued, which appears to be particularly fruitful and necessary in the present context of globalization. [ more >> ]

Scientific Cooperation with the Italian Society of International and European Law

The cooperation Project with the Italian Society of International and European Law (Società Italiana di Diritto Internazionale e di Diritto dell’Unione Europea– SIDI) is intended to develop scientific initiatives in areas of common scientific interest.

Based on a Cooperation Agreement, ISGI and SIDI jointly carry out research and dissemination activity on a wide range of topics relevant to International law, Law of international organizations, and European Union law.

Agriculture in the European Union: rules of production and marketing between food safety and environmental protection

European Centre of Space Law (ECSL) – Italian National Point of Contact (NPOC)

ISGI serves as Italian National Point of Contact (NPOC) of the European Centre of Space Law (ECSL). The ECSL was established in 1989 under the auspices of the European Space Agency (ESA), with the main objective of developing and promoting an understanding of the legal framework relevant to space activities, both in Europe and beyond.

ECSL NPOCs carry out scientific and support activities to the ECSL events aimed at promoting knowledge and dissemination of space law. This includes the annual editions of: the Summer Course on Space Law and Policy, the European Round of the “Manfred Lachs Space Law Moot Court Competition”, the “Practitioners’ Forum”. Furthermore, NPOCs’ activity aims at fostering the dissemination of space law within the ESA Member States, also through workshops and colloquia organized in cooperation with other international and national organizations from within and outside Europe. Since more than one decade, ISGI has being carrying on activities as ECSL Italian NPOc, which complements ISGI research and higher education projects in the field of space law.

European Migration Network – Italian National Contact Point

The European Migration Network (EMN) is a network established by the European Council (2008) with the aim to provide up-to-date, objective, reliable and comparable information on migration and asylum to the EU institutions, Member States’ authorities and citizens with a view to support policymaking in the European Union.

Under the coordination of the Directorate-General Home Affairs of the European Commission, the EMN is composed of National Contact Points located in all Member States and Norway. As of 1 April 2014 the EMN National Contact Point designated by Italy is constituted by the Ministry of the Interior – Department for Civil Liberties and Immigration – Central Directorate for Immigration and Asylum Policies (coordinator) and by the National Research Council (CNR), Department of Human and Social Sciences, Cultural Heritage (DSU). Researchers and technologists of ISGI and other CNR Institutes (namely, ILIESI, IRPPS, ISSIRFA and ITTIG) collaborate with the DSU to carry out the activities relating to the EMN.

Collaboration agreement for the dissemination and application of the OECD Guidelines for Multinational Enterprises between the Ministry of Economic Development-National Contact Point and ISGI

The content of the agreement concerns in particular: (a) the management of the “specific requests” procedure submitted to the MISE-PCN; b) the dissemination of the contents of the OSCE Guidelines to companies, companies and the scientific community [more>>]