Quale disciplina per la violazione di norme internazionali?

Abstract

In this chapter the traditional legal issues concerning the legal regime which applies to international law violations are described, according to an original perspective. First of all, some specific problems (such as the place of fault and damage; the moment in which a violation can be considered as being committed, and the conditions governing such a commission; the role to be recognized to countermeasure in the general framework of the legal consequences of internationally wrongful acts, etc.) are solved, at variance with the mainstream opinion. Second: the elements of an internationally wrongful act as well as its legal effects are both examined with regard to the general regime and some specific international legal contexts (human rights, humanitarian law, environmental law, trade and investments law). Third: the UN system of collective security is seen as being a guarantee for international law as a whole; its post-cold war developments are dealt with in a historical perspective; the legal changes of the UN legal orders are framed by having recourse to public law notions, without prejudice to the fact that the UN Charter is not to be considered as a world constitution).