Violence against women’s health through the law of the UN Security Council: A critical international feminist law analysis of Resolutions 2467 (2019) and 2493 (2019) within the WPS agenda

The purpose of this research is to analyse UN SC Resolution 2467 (2019)[6] and the subsequent Resolution 2493 (2019) from an international feminist law perspective in light of the women’s right to reproductive health, twenty years after the adoption of UN SC Resolution 1325 (2000). This article argues that international law might be the ultimate cause of violence against women’s health through resolutions adopted by a strictly inter-governmental ‘male’ body such as the UN SC that fails to appreciate the gender-based discrimination rooted in society – prior, during and after conflicts – and, by focusing on a notion of military rather than human security, misses the opportunity to address the violation of women’s right to sexual and reproductive health

Science, precautionary principle and the law in two recent judgments of the Court of Justice of the European Union on glyphosate and hunting management

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

Network Regulation of Cross-Border Economic Crime

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 demonstrate that it perfectly suits the struggle against different forms of criminality expanded worldwide. In a second part 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

Human and Non-Human Beings: Towards the Affirmation of the Rights of Nature and of a Right to a Healthy Environment

This short comment connects the aspects of Corradetti’s book "Relativism and human rights" with international environmental law, and, more specifically, to the rights of nature and the gradual affirmation of a human right to a healthy environment, which takes into consideration the interests of the human beings and nature alike. The analysis starts from some reflections on the concept of ‘common concern of human kind,’ then acknowledges the absence in Corradetti’s book of reference to non-human beings and other elements of nature. It further asks a question (to the author and in general): whether it is possible to conceive a cosmopolitan law that not only recognises a place in the world for all human beings, but also appreciates the place of non-human beings and of the environment per se on one hand and as related to the existence of human beings on the other. It eventually explores the concept of ‘cosmopolitan authority’ in the context of the (though limited) jurisprudence on environment of regional human rights courts. It concludes by arguing that cosmopolitan law can be better appreciated when we endorse a broad understanding of the subjects of this system, which include the ‘us’, namely human, non-human beings, and the environment. This point of view embraces present and future generations, both entitled of human dignity

A Quest for an Eco-centric Approach to International Law: the COVID-19 Pandemic as Game Changer

This Reflection starts from the ongoing COVID-19 pandemic as unprecedented occasio to reflect on the approach to international law, which—it is contended—is anthropocentric, and its inadequacy to respond to current challenges. In the first part, the Reflection argues that there is, more than ever, an undeferrable need for a change of approach to international law toward ecocentrism, which puts the environment at the center and conceives the environment as us, including humans, non-human beings, and natural objects. To encourage the incorporation of ecocentrism in the entire discipline, the Reflection will rely on some insight of ecofeminism, whose potential has not been fully investigated in international legal scholarship. In the second part, the Reflection illustrates what an eco-centric international law would mean, imagining three possible applications: first, what the author has called environmental global health, which is connected to the current pandemic and puts into question the proposals dealing with global health that completely miss the theorization of the environment as a whole; second, how actors of international law would change according to an eco-centric perspective; and, third, how the rules prohibiting the use of force might be reconceptualized. The analysis contained in these pages cannot itself exhaust all the possible nuances of the legal reasoning, but it is aimed at being a provocative starting point for a change in the mindset and approach of international legal scholarship

Violence Against Women's Health in International Law

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

Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, 6th October 1999 (2131 UNTS 83)

This headnote concerns the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (‘Protocol’), which was adopted on 6 October 1999 and entered into force on 22 December 2000. The Protocol extends the competences of the Committee on the Elimination of All Forms of Discrimination against Women (‘Committee’), providing for a system of individual communications and for an inquiry procedure concerning grave or systematic violations of the rights enshrined in Convention on the Elimination of All Forms of Discrimination against Women (‘CEDAW’)

Optional Protocol to the International Covenant on Civil and Political Rights, 16th December 1966 (999 UNTS 171)

The act under review is the Optional Protocol to the International Covenant on Civil and Political Rights. Core Issues 1. The admissibility requirements for individual complaints according to the Protocol 2. Whether the Human rights committee can be considered as a ‘judicial’ or ‘quasi-judicial’ body 3. Whether the views adopted by the Committee are binding or non-bindin

IL RAPPORTO IMPRESE E DIRITTI UMANI DELLA COMMISSIONE INTERAMERICANA DEI DIRITTI UMANI: UN’ANALISI ALLA LUCE DEL DIRITTO UMANO AD UN AMBIENTE SALUBRE

Lo scorso novembre è stato pubblicato il rapporto Empresas y Derechos Humanos: Estándares Interamericanos preparato dalla Special Rapporteur sui diritti economici, sociali, culturali e ambientali della Commissione interamericana dei diritti umani su sollecitazione dell’Assemblea Generale dell’Organizzazione degli Stati Americani (OAS), che nel 2016 richiedeva l’elaborazione di uno studio sugli standard interamericani in materia di imprese e diritti umani (AG/RES.2887 (XLVIO/16)). Dopo una breve descrizione del rapporto, in queste pagine ci si soffermerà sui profili relativi al diritto umano ad un ambiente salubre connessi all’attività delle imprese, di cui apprezzeremo la portata innovativa in linea con la giurisprudenza della Corte interamericana dei diritti umani

Financial Action Task Force Mandate (2012-2020), 20th April 2012

Core issues: 1. Whether the structure and functions of the Financial Action Task Force (FATF) resemble that of an international organization 2. What the significance is of the non-binding nature of a mandat