9 research outputs found
Critical range of soil organic carbon in southern Europe lands under desertification risk
Soil quality is fundamental for ecosystem long term functionality, productivity and resilience to current climatic changes. Despite its importance, soil is lost and degraded at dramatic rates worldwide. In Europe, the Mediterranean areas are a hotspot for soil erosion and land degradation due to a combination of climatic conditions, soils, geomorphology and anthropic pressure. Soil organic carbon (SOC) is considered a key indicator of soil quality as it relates to other fundamental soil functions supporting crucial ecosystem services. In the present study, the functional relationships among SOC and other important soil properties were investigated in the topsoil of 38 sites under different land cover and management, distributed over three Mediterranean regions under strong desertification risk, with the final aim to define critical SOC ranges for fast loss of important soil functionalities. The study sites belonged to private and public landowners seeking to adopt sustainable land management practices to support ecosystem sustainability and productivity of their land. Data showed a very clear relationship between SOC concentrations and the other analyzed soil properties: total nitrogen, bulk density, cation exchange capacity, available water capacity, microbial biomass, C fractions associated to particulate organic matter and to the mineral soil component and indirectly with net N mineralization. Below 20 g SOC kg−1, additional changes of SOC concentrations resulted in a steep variation of all the analyzed soil indicators, an order of magnitude higher than the changes occurring between 50 and 100 g SOC kg−1 and 3–4 times the changes observed at 20–50 g SOC kg−1. About half of the study sites showed average SOC concentration of the topsoil centimetres <20 g SOC kg−1. For these areas the level of SOC might hence be considered critical and immediate and effective recovery management plans are needed to avoid complete land degradation in the next future.info:eu-repo/semantics/publishedVersio
Design and methodology of the screening for CKD among older patients across Europe (SCOPE) study: A multicenter cohort observational study
Background: Decline of renal function is common in older persons and the prevalence of chronic kidney disease (CKD) is rising with ageing. CKD affects different outcomes relevant to older persons, additionally to morbidity and mortality which makes CKD a relevant health burden in this population. Still, accurate laboratory measurement of kidney function is under debate, since current creatinine-based equations have a certain degree of inaccuracy when used in the older population. The aims of the study are as follows: to assess kidney function in a cohort of 75+ older persons using existing methodologies for CKD screening; to investigate existing and innovative biomarkers of CKD in this cohort, and to align
The Rule of Prior Exhaustion of Local Remedies in the International Law Doctrine and its Application in the Specific Context of Human Rights Protection
This article analyses the so-called ‘rule of exhaustion of local remedies’ whereby a State must be given the opportunity to redress an alleged wrong within the framework of its own domestic legal system before its international responsibility can be called into question at the level of regional or international organs. With respect to the specific historical development of the rule, the paper portrays the transition of the principle from its original function in international law to its extended application in human rights law. At the centre of the analysis is the question of whether the rule of exhaustion of local remedies has simply been ‘transplanted’ into the field of human rights protection or whether it has undergone substantial transformation to the extent that it now qualifies as a self-contained rule under human rights law. After having analysed the application of the local remedies rule in the field of human rights, it is argued that – even though initially influenced by the original rule in the field of diplomatic protection – at present the local remedies rule in human rights law is an autonomous and self-contained rule with different functions and aims.fundamental/human rights; EU Charter of Fundamental Rights
Sentencing in International Criminal Law The Approach of the Two ad hoc Tribunals and Future Perspectives for the International Criminal Court
This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.Foreword by Pierre-Marie Dupuy v
Foreword by Judge Theodor Meron vii
Acknowledgements ix
Detailed Contents xiii
List of Figures xix
Table of Cases xxi
Table of Legislation xxxix
Table of Conventions, Treaties, etc xlv
List of Abbreviations and Terminology li
Introduction 1
Part I. The Law and Process of Sentencing: National and
International Dimensions 7
Chapter 1. Analysing the Sentencing Process in International Justice 9
Chapter 2. Sentencing Approaches to International Crimes in
National Legal Systems 57
Part II. Sentencing Law and Practice in International Criminal Law 109
Chapter 3. The Sentencing Jurisprudence of the International
Criminal Tribunals for the former Yugoslavia and Rwanda 111
Chapter 4. Quantitative Analysis of Sentencing Data in the Case
Law of the ad hoc Tribunals 203
Chapter 5. The Sentencing System of the International Criminal Court 263
Part III. Towards the Construction of Guiding Principles for
International Sentencing 287
Chapter 6. Assessment of Some important Legal Issues for
International Sentencing 289
Conclusion 321
Annex 325
Bibliography 379
Index 407Published version of EUI PhD thesis, 200
Sentencing in International Criminal Law: The approach of the two UN ad hoc Tribunals and future perspectives for the International Criminal Court
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2009.Defense Date: 29/09/2008Examining Board:
Professor Pierre-Marie Dupuy, EUI (Supervisor)
Professor Francesco Francioni, EUI
Professor and Judge Theodor Meron, NYU and ICTY
Professor Paola Gaeta, Geneva UniversityMy thesis focuses on the topic of sentencing in international criminal law. The title - Sentencing in International Criminal Law: The Approach of the two UN ad hoc Tribunals and future perspectives for the International Criminal Court - already indicates the central role occupied by the jurisprudence of the ICTY and ICTR in this analysis. The motivation in undertaking research on the topic of international sentencing is rooted in the belief that a study of this kind could contribute to the current debate and provide an interesting contribution to the existing literature.
In particular, my research intends to achieve three main objectives: 1) to clarify the scope of international sentencing law; 2) to highlight problems arising from the current sentencing practice of the ad hoc Tribunals; and 3) to indicate possible ways of addressing such problems and developing a coherent system of guiding principles for sentencing in international criminal justice. The research questions that guided my
analysis and that this thesis addresses are the following:
- What is the current and evolving tendency of international criminal justice?
- Are the purposes of punishment at the international level comparable to those of
national sentencing?
- How can the ‘principle of proportionality’ be applied in international
sentencing?
- Is the principle of legality of penalties fully respected?
- Which are the influential factors on sentencing that can be appreciated
throughout the jurisprudence of the ICTY and ICTR?
- Is it possible to identify consistent patterns or trends for international sentencing
emerging from the practice of the ad hoc Tribunals
The Rule of Prior Exhaustion of Local Remedies in the International Law Doctrine and its Application in the Specific Context of Human Rights Protection
This article analyses the so-called ‘rule of exhaustion of local remedies’ whereby a State
must be given the opportunity to redress an alleged wrong within the framework of its own
domestic legal system before its international responsibility can be called into question at
the level of regional or international organs. With respect to the specific historical
development of the rule, the paper portrays the transition of the principle from its original
function in international law to its extended application in human rights law. At the centre
of the analysis is the question of whether the rule of exhaustion of local remedies has
simply been ‘transplanted’ into the field of human rights protection or whether it has
undergone substantial transformation to the extent that it now qualifies as a self-contained
rule under human rights law. After having analysed the application of the local remedies
rule in the field of human rights, it is argued that – even though initially influenced by the
original rule in the field of diplomatic protection – at present the local remedies rule in
human rights law is an autonomous and self-contained rule with different functions and
aims