Gino Naldi

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Università degli Studi di Firenze (University of Florence)

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Papers by Gino Naldi

Documents of The African Commission on Human and Peoples' Rights. Edited by Rachel Murray and Malcolm Evans. Oxford: Hart Publishing, 2001. x + 828 pp. 65

British Yearbook of International Law, 2003

Participation of States in International Contracts (and Arbitral Settlement of Disputes) by Esa Paasivirta

Arbitration International, Dec 1, 1993

Participation of States in International Contracts (and Arbitral Settlement of Disputes) by Esa P... more Participation of States in International Contracts (and Arbitral Settlement of Disputes) by Esa Paasivirta. Published by Finnish Lawyers' Publishing Co., Helsinki (1990, XXIII and 357 pp, incl. Tables of Contents, Cases and Abbreviations, and Bibliography ). Softback. It is, of course, a trite comment that the rules of Public International Law have undergone tremendous changes since the Second World War. Paasivirta's accomplished study concentrates on one increasingly important aspect, that of contracts between states and foreign corporations, or State Contracts, or with regard to the exploitation of natural resources, concession agreements. Such ventures have long existed and naturally disputes have often arisen. Under traditional international law; claims by natural and legal persons against foreign states are pursued by their national states through diplomatic channels and the submission of the dispute to an international tribunal is not an uncommon result. A recent example, concerning the protection of shareholders, is the ELSI Case (US v. Italy) ,1 which came too late to be included in this book. However, the protective role of the state in such instances is becoming increasingly infrequent and more and more such claims are being brought before international arbitral tribunals by the corporations themselves. Whereas resort to such modes of dispute settlement is growing, it nevertheless remains a comparatively recent phenomenon in international law and, as Paasivirta points out, there are …

Bibliography on Land-Locked States edited by Ira Martin Glassner

Arbitration International, Jun 1, 1992

Bibliography on Land-Locked States, edited by Ira Martin Glassner. Published by Martinus Nijhoff.... more Bibliography on Land-Locked States, edited by Ira Martin Glassner. Published by Martinus Nijhoff. The Netherlands (1991, vi and 265 pp., Incl. Table of Contents, Introduction and Author, Title and Subject Index .) Hardback. Price £50, US$84.50; Dfl. 150. Over thirty States of the international community are landlocked and many consider themselves to be disadvantaged economically as a result. To balance this inequality these States believe that international law should develop progressively to further their interests. Their main concerns regarding the law of the sea in recent years have been in relation to access to the sea and access to marine resources. It would appear that customary international law does not recognise a right of access by landlocked …

The Extraterritorial Application of National Laws edited by Dieter Lange and Gary Born

Arbitration International, Jun 1, 1990

The Extraterritorial Application of National Laws Eds. Dieter Lange and Gary Born. Published by K... more The Extraterritorial Application of National Laws Eds. Dieter Lange and Gary Born. Published by Kluwer Law and Tax Publishers, Netherlands, and I.C.C, Paris (1987, X and 57 pp., incl. Preface, Table of Contents and Introduction) . This publication constitutes the Report of a committee of the International Chamber of Commerce which was entrusted with the mandate of considering the effects upon the international business community of conflicts of jurisdiction between States and of exploring ways of reducing their adverse effects. The practical importance of this exercise was justified because the ‘effect of extraterritorial applications of national laws is to discourage productive economic activity, including international investment, and ultimately to reduce unemployment and economic growth.’ Some well-known examples of the extraterritorial application of national laws concern US antitrust laws, US unitary tax formulas and US export controls which forbid foreign …

Future Trends in Human Rights in Africa: The Increased Role of the OAU?

Cambridge University Press eBooks, 2002

... On the jurisdiction of the Court of Justice, see in particular Articles 19, 23-26 and ... Fut... more

Reflections on International Arbitration and Litigation in the International Court of Justice by Professor Shabtai Rosenne

Arbitration International, Dec 1, 1990

Reflections on International Arbitration and Litigation in the International Court of Justice by ... more Reflections on International Arbitration and Litigation in the International Court of Justice by Professor Shabtai Rosenne ( No 9 Forum International ). Published by Kluwer Law and Tax Publishers, Netherlands, 1987. Price £10 (UK); Dfl 32.00 . This text is the published version of a lecture delivered to a Dutch Foundation, Forum Internationale, by the eminent Israeli international lawyer, Professor Shabtai Rosenne, who is an authority on the International Court of Justice (ICJ). Essentially Professor Rosenne contrasts international arbitration with international litigation before the ICJ and highlights some of the perceived advantages of the former over the latter, which can be summarised in one word: flexibility. The evolution of the international community since the Second World War has seen the materialisation of many new para-statal entities and multinational corporations with the capacity to conduct transnational business. Traditionally, when a dispute with an international element arose between such entities or between a multinational corporation and a foreign State the parent States would exercise the right of diplomatic protection of nationals on their behalf and submit the dispute to arbitration or litigation. A recent example is the case of Elettronica Sicula S.p.A. (ELSI) ICJ Reports 1989, p. 15, where the USA unsuccessfully brought an action against Italy before the ICJ alleging that Italy was in breach …

Intervention in the International Court of Justice. By Shabtai Rosenne. Dordrecht, Boston, London: Martinus Nijhoff Publishers, 1993. Pp. xvii, 200. Indices. Dfl. 175.00; $107.00; £71.50

American Journal of International Law, 1995

... 62. The first third-party interven-tion attempted was that of Fiji in the Nuclear Tests cases... more

Comentario Breve a la Ley de Arbitraje edited by J. Montero Aroca

Arbitration International, 1991

Comentario Breve a la Ley de Arbitraje, edited by J. Montero Aroca Published by Editorial Civitas... more Comentario Breve a la Ley de Arbitraje, edited by J. Montero Aroca Published by Editorial Civitas, S.A., Madrid (1990, 402 pp. incl. Table of Contents and Prologue ). Paperback. Price not disclosed. In 1988 Spain revised and updated its legislation on the law of arbitration by adopting a statute on the subject (36/1988) repealing the existing legislation which dated from 1953. The latter was perceived to suffer from manifest imperfections, particularly an excessively formal and inflexible procedure, but perhaps more significantly, it failed …

The Supreme Court of Zimbabwe Defines the Constitutional Right to a 'Fair Hearing Within a Reasonable Time

African Journal of International and Comparative Law, 1993

The regulation of the transnational trade in hazardous wastes: the African response

South African Journal of Environmental Law and Policy, Dec 1, 2000

Prisoners' Rights as Recently Interpreted by the Supreme Court of Zimbabwe: A Comparative Study With International Human Rights

African Journal of International and Comparative Law, 1992

Documents of the Organization of African Unity

Mansell eBooks, 1992

Part 1 The institutions: OAU charter 1963 functions and regulations of the General Secretariat ru... more Part 1 The institutions: OAU charter 1963 functions and regulations of the General Secretariat rules of procedure of the Council of Ministers rules of procedure of the Assembly of Heads of State and Government protocol of the Commission of Mediation, Conciliation and Arbitration general convention on the privileges and immunities of the Organization of African Unity 1965 resolution on arrears of contribution. Part 2 Territorial and security issues: resolution on the intangibility of frontiers frontier dispute case - Burkina Faso v Mali, 1983 resolution on non-recognition of South African Bantustans, 1976 declaration on the problem of subversion, 1988 convention for the elimination of mercenarism in Africa, 1977. Part 3 Conservation and the environment: African Convention on the Conservation of Nature and Natural Resources, 1968 resolution on dumping of nuclear and industrial waste in Africa, 1988 convention on the ban of the import into Africa and the control of transboundary movement and management of hazardous wastes within Africa, 1991. Part 4 Human rights: convention governing the specific aspects of refugee problems in Africa, 1969 African charter on human and peoples' rights, 1982 rules of procedure of the African Commission on Human and Peoples' Rights, 1988 African Commission on Human and Peoples' Rights - guidelines for national periodic reports, 1989 African charter on the rights and welfare of the child, 1990. Part 5 Economic co-operation: treaty establishing the African Economic Community, 1991.

The International Criminal Court’s Involvement with Africa: Evaluation of a Fractious Relationship

Nordic Journal of International Law, 2013

This article examines the International Criminal Court's (ICC) role in relation to international ... more This article examines the International Criminal Court's (ICC) role in relation to international crimes allegedly committed in Africa; it considers the difficulties and obstacles that the ICC has encountered in securing the cooperation of not only States Parties but also of non-States Parties which, in certain instances, are mandated to assist it; and it analyses the acrimonious relationship that has arisen between the African Union (AU), the Continent's political and security organisation, and the ICC. Thus far, the two most significant sources of antagonism between the ICC and Africa have been the arrest warrants against President al-Bashir of Sudan in relation to the situation in Darfur, and the crimes against humanity allegedly perpetrated during Kenya's post-election violence in 2007-2008. Finally, the article examines the continuing attempts by African States to amend Article 16 of the Rome Statute.

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The International Criminal Section of the African Court of Justice and Human Rights: An Appraisal

African yearbook of international law, Aug 8, 2016

The US Supreme Court, the Execution of Juveniles and Human Rights

Common Law World Review, Oct 1, 1990

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The African Union and the Regional Human Rights System

Cambridge University Press eBooks, Dec 22, 2009

Limitation of Rights Under the African Charter on Human and Peoples' Rights: The Contribution of the African Commission on Human and Peoples' Rights

South African Journal on Human Rights, 2001

It is common knowledge that there are a number of features about the African Charter on Human and... more It is common knowledge that there are a number of features about the African Charter on Human and Peoples' Rights (hereafter, 'the Charter')' which have given cause for concern. 2 One of the principal sources of disquiet has been the fact that, more so than other comparable instruments, the substantive provisions of the Charter are equivocally phrased. 3 Extensive use is made of 'clawback' clauses (which permit 'in normal circumstances, breach of an obligation for a specified number of published reasons' 4) that seem to make the enforcement of rights dependent on municipal law, or at the discretion of the national authorities. 5 Article I 0(1) of the Charter is one such Adopted by the Eighteenth Assembly of Heads of State and Government of the Organisation of African Unity (OAU) at Nairobi in July 1981, entered into force on 21 October 1986, (1982) 21 ILM 58. See GJ Naldi (ed) Documenrs o{the Organi=ation (){African Unity (1992) 109. All of the OAU's fifty-three Member States have now ratified the Charter, seeR Murray 'Africa' (1999) 17 NQH R 350. For an analysis of the Charter. see EA Ankumah The African Commission on Human and Peoples' Rights (1996) 111-177: GJ Naldi The Organization of African Unity 2ed (1999) 109-212; UO Umozurike The African Charter on Human and Peoples' Rights (1997); E Bello 'The African Charter on Human and Peoples' Rights' (1985/86) 194 Hague Recuei/13; RM D'Sa 'The African Charter on Human and Peoples' Rights: Problems and Prospects for Regional Action' (1981/83) 10 Australian Yearbook of International Law 101. 2 The Charter has been described as 'modest in its objectives and flexible in its means'. BO Okere 'The Protection of Human Rights in Africa and the African Charter on Human and Peoples' Rights: A Comparative Analysis with the European and American Systems' (1984) 6 Human Rights Quarterly 141, 158. For other sceptical assessments, see R Gittleman 'The African Charter on Human and Peoples' Rights: A Legal Analysis' (1982) 22 Virginia J of International L 667; P Amoah, 'The African Charter on Human and Peoples' Rights-An Effective Weapon for Human Rights?' (1992) RADIC 226: G Robertson, Crimes Against Humanity (1999) 57-58. D'Sa (note I above) 107-8; Gittleman (note 2 above) 685. CA Odinkalu 'The Individual Complaints Procedures of the African Commission on Human and Peoples' Rights: A Preliminary Assessment' (1998) 8 Transnational L & Contemporary Problems 359, 398 however expresses little concern, as he believes that the African Commission on Human and Peoples' Rights has been addressing this problem through its procedures and jurisprudence. 4 R Higgins 'Derogations under Human Rights Treaties' (1976-77) 48 BYIL 281. 5 It is interesting to note that, unlike other similar human rights treaties, the Charter does not contain a derogation clause that permits the suspension of certain rights and freedoms in strictly defined circumstances. See R Murray The African Commission on Human and Peoples' Rights and International Lall' (2000) 123-26 and generally DJ Harris, M O'Boyle & C Warbrick Law o{ the European Con\'ention 011 Human Rights (1995) 489-506. Thus, in Commission Nationale des Droit.1• de /'Homme et des Lihates I' Chad Communication No 74/92 (1997) 41HRR 94 (state of civil war led to serious and massive violations of human rights, including rights to life, prohibition of torture, inhuman and degrading treatment, and liberty and security of the person) para 21 the Commission observed that the Charter 'does not allow for States Parties to derogate from their treaty obligations during emergency situations. Thus, even a civil war in Chad cannot be used as an excuse by the State violating or permitting violations of rights in the

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The African Union and the predecessor Organisation of African Unity