12 research outputs found
Sull’applicazione concorrente della Convenzione europea per i diritti umani e del diritto internazionale umanitario: il caso Hassan
This note is concerned with a recent judgment rendered by the Grand Chamber of the European Court of Human Rights (Hassan v. UK, Application no. 29750/09, Judgment of 16 September 2014). The Court was asked to adjudicate whether the UK had violated Tarek Hassan’s right to personal liberty by detaining him during the course of an international armed conflict at the very beginning of the Western invasion of Iraq in 2003. Mr. Hassan’s detention was based under In-ternational Humanitarian Law (IHL) either on his prejudicial activities as a combatant or, should he be considered a civilian, on his harmful conduct toward the UK. The Court had two choices: a) accept the applicant’s assertion that Hassan was detained outside the perimeters allowed by art. 5 of the ECHR, to which the UK had made no derogation; or b) acknowledge the UK’s stance that – even in the absence of a derogation – the powers of the detaining power in situations of international armed conflict are nonetheless left unaffected because of the ‘subsequent practice’ that has marked the application of the ECHR throughout the years. Ultimately, the Grand Chamber’s position seems to be closer to the one maintained by the responding State, as the judgment makes clear that never before had the ECHR been subjected to derogations to justify the detention of individuals apprehended in the course of an international armed conflict. Nonetheless, the Strasbourg judges seem to keep their options open as they do not dismiss the possibility that – under certain circumstances – a violation of the ECHR could materialize even in the absence of a simultaneous violation of IHL
Review of G. Martinico, O. Pollicino (ed.), The National Judicial Treatment of the ECHR and EU Laws – A Comparative Constitutional Perspective.
Paget's disease as a local recurrence after nipple-sparing mastectomy: Clinical presentation, treatment, outcome, and risk factor analysis
Background. Paget's disease is a rare clinical and histological type of local recurrence (LR) after breast cancer treatment both in case of conservative surgery or nipplesparing mastectomy (NSM) with or without intraoperative radiation. Methods. We performed an analysis of 861 NSM with electron beam intraoperative radiotherapy (ELIOT) patients treated at the European Institute of Oncology from 2002 to 2008, focused on Paget's disease local recurrence. Results. In 861 patients (713 invasive carcinoma and 148 intraepithelial neoplasia), there were 36 local recurrences (4.18%), and among these were 7 Paget's disease local recurrences (0.8%). Median follow-up was 50 months. Four cases presented with nipple areola complex (NAC) erosions, two crusted lesions, and one ulcerated NAC. The average latency period from the NSM to Paget's disease local recurrence is 32 months (range, 12-49). Complete NAC removal was performed in all seven recurrences. The average follow-up after NAC removal was 47.4 months (range, 20-78). We found neither locoregional relapse nor metastatic event in this group. All patients were alive without disease. Conclusions. Paget's disease local recurrence can be found in a significant proportion after NSM. Any suspicious lesion on NAC requires prompt pathological confirmation. Primary carcinoma with ductal intraepithelial neoplasia or invasive ductal carcinoma with extensive in situ component, negative hormonal receptor, high pathological grade, overexpression of HER2/neu, and "HER2 positive (nonluminal)" subtype tend to be significantly associated with more Paget's disease local recurrence and should be followed carefully. © 2012 Society of Surgical Oncology
Evaluation of fat grafting safety in patients with intra epithelial neoplasia: a matched-cohort study
BACKGROUND:
Fat grafting is widely carried out in breast cancer patients to improve quality in breast reconstruction. Recently, in vitro and animal studies have questioned the role of adipose tissues in cancer development.
DESIGNS:
Matched-cohort study. We analysed: (i) 59 intraepithelial neoplasia patients who had undergone lipofilling, with no recurrence between primary surgery and lipofilling. (ii) A control group of 118 matched patients (two controls per lipofilling patient) with the corresponding recurrence-free intervals. Both groups were also matched for main cancer criteria. A local event (LE) was the primary end point, with follow-up starting from the baseline.
RESULTS:
Median follow-up was 63 and 66 months from surgery, and 38 and 42 from baseline, for the lipofilling and control groups, respectively; the 5-year cumulative incidence of LE was 18% and 3% (P = 0.02). Ki-67 was the significant factor in univariate survival analysis. A subgroup analysis showed that lipofilling increased the risk of LE in women <50 years, with high grade neoplasia, Ki-67 65 14 or who had undergone quadrantectomy.
CONCLUSION:
Higher risk of LE was observed in intraepithelial neoplasia patients following lipofilling. Although further studies are required to validate our conclusions, patients belonging to this subgroup should be informed of these results and the potential risks
The 1998-2000 war between Eritrea and Ethiopia : an international legal perspective
This book is the outcome of a joint research project carried on by the University of Milan and the Scuola superiore Sant\u2019Anna in Pisa, financed by the Italian Ministry of University and Research and directed by Gabriella Venturini. The study was carried on between 2006 and 2008 by two groups of scholars in Milan and in Pisa (under the responsibility of Gabriella Venturini and Andrea de Guttry, respectively) in close cooperation with Harry Post. On 19-20 October, 2007, an international Conference was organized at the premises of the Scuola Superiore Sant\u2019Anna, in Pisa, aimed at discussing the main aspects of the study with an outstanding group of Italian and foreign scholars and experts. This book is the result and the fruit of the reports and comments provided by the participants at the Pisa Conference. The war between Eritrea and Ethiopia raged from 1998 to 2000 with great cost of life and devastation. International efforts did lead to a cease-fire in 2000 and eventually to the 2000 Algiers Peace Agreement. Primarily the war between Eritrea and Ethiopia is examined in the light of existing international law. Before the analysis of the state of the law, a thorough introduction and critical assessment of the complex history, as well as of the modern state of Eritrean-Ethiopian relations from the perspective of history, geography and political science is done in Part I. Eritrea has been an Italian colony and Ethiopia was occupied by Italian forces in 1936 and regained independence after 1941. The importance of Italian colonial history in understanding essential aspects of the tensions between both States, especially regarding their boundary, is inescapable. The study in this sense is often critical of the contribution by the law and lawyers to the dispute who arguably too easily seem to forget the common history and geography of both States. The law regarding cease-fires and peace agreements and the developing law on peace-keeping operations in the context of the Eritrea Ethiopia War is dealt with in Part II of the book, while Part III analyzes the historical and legal aspects of the boundary dispute between the two countries.
In December 2000 as part of the efforts by the United Nations, Eritrea and Ethiopia agreed to the establishment of two arbitral commissions: the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission (EEBC). Both Commissions were founded to solve the conflict or at least to help solve some of the problems of the two countries. On 13th April 2002, the Boundary Commission issued its basic decision on the definition of the Eritrean-Ethiopian boundary. Since then the Commission has been working on the actual demarcation process. In 2003 due to further divergences between the Parties, the process of demarcation stalled. Later it was resumed, but since November 2008 the activities of the EEBC have stopped without a final solution acceptable to both parties. Apart from an in depth legal analysis of the EBBC\u2019s major decision and its further steps in Part III, an important part of the background and critical examination from a historical, geographic and political science point of view also focuses on the EBBC\u2019s approach and decisions.
Since July 2003, the Eritrea-Ethiopia Claims Commission has issued a considerable number of decisions on claims by either Party on a wide variety of subjects, i.e., in relation to the treatment and exchange of prisoners of war, aerial bombardments, claims of civilians, liability issues, etc. In 2005 and 2007, the Commission issued further partial and final awards on a variety of issues of diplomatic law, economic relations during armed conflict (including on the taking and destruction of property) and on various claims regarding violations of International Humanitarian Law. In Part V of the book these are discussed and examined in particular in light of the existing law so far. The EECC found that in 1998 Eritrea had launched armed attacks on Ethiopia in violation of the law on the threat and the use of force. In Part IV this \u2018central\u2019 decision is extensively discussed and commented upon. In the next and final phase of its activities the Claims Commission will assess damages and award compensation for the successful claims. In the final Part VI of the book the framework of the law of state responsibility and of compensation and damages as it stands now is examined and explained taking into account important modern armed conflicts such as the Gulf Wars