Addressing the relationship between information and communication technologies (ICT) and cultural... more Addressing the relationship between information and communication technologies (ICT) and cultural and scientific heritage, this paper focuses on the wider subject of accessdissemination and preservation of scientific information and cultural resources in the digital era. After examining the UNESCO notion of digital heritage and the international guidelines to maintain and diffuse knowledge (increasingly produced, distributed, accessed and maintained in digital form), the work analyzes the causes and consequences of the EU digital policy. A first key goal of the EU strategic framework concerning the digitization is to set up and develop a European digital library, combining multicultural and multilingual environments with technological advances and new business models. A second objective is to launch an open access pilot project, making the results of EU-funded research in some strategic areas freely available online. A third purpose is “Digital Rights Management”, regulating the role of copyright in the “knowledge economy”. Finally the paper concludes that the EU policy of digitization is both an important step towards achieving the international digital agenda at the regional level, and to promote the free movement of knowledge and innovation as the “Fifth Freedom” in the single market.
Security Council and state practises in relation to the activation of the Court and the strategie... more Security Council and state practises in relation to the activation of the Court and the strategies of the Prosecutor in conducting investigations and prosecutions are interesting “detectors” of the level of effectiveness achieved by the international criminal justice system created by the Rome Statute. In our view, a “positive-enhanced approach” would combine the “vertical subsidiarity” of the integrated enforcement system with the “horizontal dimension” of complementarity, in this way “spreading” the co-management of the criminal jurisdiction of criminals across all the international criminal justice enforcement phases (preliminary assessment, criminal proceedings and ex post control).
On April 12, 2010, Italian Judge Oscar Magi sentenced three Google executives for failing to comp... more On April 12, 2010, Italian Judge Oscar Magi sentenced three Google executives for failing to comply with the Italian privacy code. The case stemmed from a 2006 video showing a boy with down syndrome being taunted at a Turin school.
In examining the case, the paper will focus on the liability of intermediary service providers, governed in Italy by e-commerce directive 2000/31, as well as on the relationship between human rights and new technologies.
Focusing on the EU’s responses to managing global security at sea this paper illustrates the dist... more Focusing on the EU’s responses to managing global security at sea this paper illustrates the distinctions and possible connections between piracy, terrorism and other crimes at sea. Further, it examines international rules (customary and conventional) aimed at preventing and counteracting acts of maritime violence. Finally, the article explores traditional repressive measures and new precautionary mechanisms (the universal jurisdiction principle, the aut dedere aut judicare rule and control of cargo operations) underlining the need for international cooperation in order to guarantee global security at sea.
The aims of this paper are:
1) To test whether the “integrated approach” exists in the areas of ... more The aims of this paper are: 1) To test whether the “integrated approach” exists in the areas of individual criminal responsibility and the international criminal justice system; 2) To determine if the current system of international criminal justice, and in particular that established by the International Criminal Court Statute, is satisfactory; 3) To verify whether the 2010 Review Conference of the ICC Statute has improved international criminal justice; 4) To examine if the practices of both ICC and other institutions have produced any further improvements; and5) Finally, to explore the necessary reforms to be made in order to turn the ICC into a more effective international criminal justice institution.
“Stop the unsustainable exploitation of water resources” and “reduce by half the proportion of pe... more “Stop the unsustainable exploitation of water resources” and “reduce by half the proportion of people without sustainable access to safe drinking water and basic sanitation” are some of the Millennium Development Goals that the United Nations has vowed to achieve by the year 2015. The United Nations Conference on Sustainable Development held in Rio de Janeiro, Brazil, on June 20-22, 2012 (Rio+20) confirmed this target date. This article aims to answer the following questions: Does the right to water exist in international law? What is its normative content? What international obligations does this right entail? Accordingly, the paper analyses the references to the right to drinking water and sanitation in international and European law and jurisprudence, examining both binding rules and acts of soft law such as the outcome document adopted in Brazil, entitled “The Future We Want”. This document corroborates the existence of the human right to water and indicates the direction of future international policy on water resource management.
This Introductory Note gives an overview of the activity of the Court of First Instance and the C... more This Introductory Note gives an overview of the activity of the Court of First Instance and the Court of Justice of the European Communities in 2008 highlighting the main developments in the case law, arranged by subject matter.
Setting out from the basic legal issues in relation to subpoenas, i.e., the normative framework, ... more Setting out from the basic legal issues in relation to subpoenas, i.e., the normative framework, requirements and meaning this article explores how international institutions have interpreted the relevant rules on compulsory process to obtain evidence from states organs of states and private This essay is not intended as an exhaustive study of compulsory production of evidence in international criminal law. Rather, it is an attempt to focus on certain emerging issues and in particular on the experiences of international organs in terms of subpoenas (and largely the jurisprudential findings on the compulsion of evidence of state officials) reflecting the traditional inter-state community’s evolution towards the redefinition of state sovereignty following the internationalization of human rights, namely, towards the global community.
In recent decades, the right to the truth has increasingly come to the attention of international... more In recent decades, the right to the truth has increasingly come to the attention of international scholars and jurisprudence. Moving from the recognition of truth as a right in the international arena and exploring the reconstruction and evolution of the right to the truth in the international human rights courts’ case-law, the following analysis focuses on the ECtHR and IACtHR insights in a comparative perspective to conclude on the emerging trends of the Strasbourg Court and the Court of San José in interpreting and applying the right to the truth, thereby acting as the “conscience” of the whole of human .
Tourism is one of the sectors most affected by the abuse of children. This study examines how the... more Tourism is one of the sectors most affected by the abuse of children. This study examines how the strategies adopted within the corporate social responsibility framework (i.e., codes of ethics) contribute to building tourism business in line with international standards on child protection. To this end, starting from the examination of in-ternational and European legal instruments for the prevention and suppression of “child sex tourism”, such as the 2007 Lanzarote Convention - we examine the mechanisms adopted on a voluntary basis, including the “Code of Conduct to Protect Children from Sexual Exploitation in Travel and Tourism” - and propose solutions that enable creating socially “responsible” enterprises committed to the protection of children’s rights.
Addressing the relationship between information and communication technologies (ICT) and cultural... more Addressing the relationship between information and communication technologies (ICT) and cultural and scientific heritage, this paper focuses on the wider subject of accessdissemination and preservation of scientific information and cultural resources in the digital era. After examining the UNESCO notion of digital heritage and the international guidelines to maintain and diffuse knowledge (increasingly produced, distributed, accessed and maintained in digital form), the work analyzes the causes and consequences of the EU digital policy. A first key goal of the EU strategic framework concerning the digitization is to set up and develop a European digital library, combining multicultural and multilingual environments with technological advances and new business models. A second objective is to launch an open access pilot project, making the results of EU-funded research in some strategic areas freely available online. A third purpose is “Digital Rights Management”, regulating the role of copyright in the “knowledge economy”. Finally the paper concludes that the EU policy of digitization is both an important step towards achieving the international digital agenda at the regional level, and to promote the free movement of knowledge and innovation as the “Fifth Freedom” in the single market.
Security Council and state practises in relation to the activation of the Court and the strategie... more Security Council and state practises in relation to the activation of the Court and the strategies of the Prosecutor in conducting investigations and prosecutions are interesting “detectors” of the level of effectiveness achieved by the international criminal justice system created by the Rome Statute. In our view, a “positive-enhanced approach” would combine the “vertical subsidiarity” of the integrated enforcement system with the “horizontal dimension” of complementarity, in this way “spreading” the co-management of the criminal jurisdiction of criminals across all the international criminal justice enforcement phases (preliminary assessment, criminal proceedings and ex post control).
On April 12, 2010, Italian Judge Oscar Magi sentenced three Google executives for failing to comp... more On April 12, 2010, Italian Judge Oscar Magi sentenced three Google executives for failing to comply with the Italian privacy code. The case stemmed from a 2006 video showing a boy with down syndrome being taunted at a Turin school.
In examining the case, the paper will focus on the liability of intermediary service providers, governed in Italy by e-commerce directive 2000/31, as well as on the relationship between human rights and new technologies.
Focusing on the EU’s responses to managing global security at sea this paper illustrates the dist... more Focusing on the EU’s responses to managing global security at sea this paper illustrates the distinctions and possible connections between piracy, terrorism and other crimes at sea. Further, it examines international rules (customary and conventional) aimed at preventing and counteracting acts of maritime violence. Finally, the article explores traditional repressive measures and new precautionary mechanisms (the universal jurisdiction principle, the aut dedere aut judicare rule and control of cargo operations) underlining the need for international cooperation in order to guarantee global security at sea.
The aims of this paper are:
1) To test whether the “integrated approach” exists in the areas of ... more The aims of this paper are: 1) To test whether the “integrated approach” exists in the areas of individual criminal responsibility and the international criminal justice system; 2) To determine if the current system of international criminal justice, and in particular that established by the International Criminal Court Statute, is satisfactory; 3) To verify whether the 2010 Review Conference of the ICC Statute has improved international criminal justice; 4) To examine if the practices of both ICC and other institutions have produced any further improvements; and5) Finally, to explore the necessary reforms to be made in order to turn the ICC into a more effective international criminal justice institution.
“Stop the unsustainable exploitation of water resources” and “reduce by half the proportion of pe... more “Stop the unsustainable exploitation of water resources” and “reduce by half the proportion of people without sustainable access to safe drinking water and basic sanitation” are some of the Millennium Development Goals that the United Nations has vowed to achieve by the year 2015. The United Nations Conference on Sustainable Development held in Rio de Janeiro, Brazil, on June 20-22, 2012 (Rio+20) confirmed this target date. This article aims to answer the following questions: Does the right to water exist in international law? What is its normative content? What international obligations does this right entail? Accordingly, the paper analyses the references to the right to drinking water and sanitation in international and European law and jurisprudence, examining both binding rules and acts of soft law such as the outcome document adopted in Brazil, entitled “The Future We Want”. This document corroborates the existence of the human right to water and indicates the direction of future international policy on water resource management.
This Introductory Note gives an overview of the activity of the Court of First Instance and the C... more This Introductory Note gives an overview of the activity of the Court of First Instance and the Court of Justice of the European Communities in 2008 highlighting the main developments in the case law, arranged by subject matter.
Setting out from the basic legal issues in relation to subpoenas, i.e., the normative framework, ... more Setting out from the basic legal issues in relation to subpoenas, i.e., the normative framework, requirements and meaning this article explores how international institutions have interpreted the relevant rules on compulsory process to obtain evidence from states organs of states and private This essay is not intended as an exhaustive study of compulsory production of evidence in international criminal law. Rather, it is an attempt to focus on certain emerging issues and in particular on the experiences of international organs in terms of subpoenas (and largely the jurisprudential findings on the compulsion of evidence of state officials) reflecting the traditional inter-state community’s evolution towards the redefinition of state sovereignty following the internationalization of human rights, namely, towards the global community.
In recent decades, the right to the truth has increasingly come to the attention of international... more In recent decades, the right to the truth has increasingly come to the attention of international scholars and jurisprudence. Moving from the recognition of truth as a right in the international arena and exploring the reconstruction and evolution of the right to the truth in the international human rights courts’ case-law, the following analysis focuses on the ECtHR and IACtHR insights in a comparative perspective to conclude on the emerging trends of the Strasbourg Court and the Court of San José in interpreting and applying the right to the truth, thereby acting as the “conscience” of the whole of human .
Tourism is one of the sectors most affected by the abuse of children. This study examines how the... more Tourism is one of the sectors most affected by the abuse of children. This study examines how the strategies adopted within the corporate social responsibility framework (i.e., codes of ethics) contribute to building tourism business in line with international standards on child protection. To this end, starting from the examination of in-ternational and European legal instruments for the prevention and suppression of “child sex tourism”, such as the 2007 Lanzarote Convention - we examine the mechanisms adopted on a voluntary basis, including the “Code of Conduct to Protect Children from Sexual Exploitation in Travel and Tourism” - and propose solutions that enable creating socially “responsible” enterprises committed to the protection of children’s rights.
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Papers by Anna Oriolo
In examining the case, the paper will focus on the liability of intermediary service providers, governed in Italy by e-commerce directive 2000/31, as well as on the relationship between human rights and new technologies.
1) To test whether the “integrated approach” exists in the areas of individual criminal responsibility and the international criminal justice system; 2) To determine if the current system of international criminal justice, and in particular that established by the International Criminal Court Statute, is satisfactory; 3) To verify whether the 2010 Review Conference of the ICC Statute has improved international criminal justice; 4) To examine if the practices of both ICC and other institutions have produced any further improvements; and5) Finally, to explore the necessary reforms to be made in order to turn the ICC into a more effective international criminal justice institution.
In examining the case, the paper will focus on the liability of intermediary service providers, governed in Italy by e-commerce directive 2000/31, as well as on the relationship between human rights and new technologies.
1) To test whether the “integrated approach” exists in the areas of individual criminal responsibility and the international criminal justice system; 2) To determine if the current system of international criminal justice, and in particular that established by the International Criminal Court Statute, is satisfactory; 3) To verify whether the 2010 Review Conference of the ICC Statute has improved international criminal justice; 4) To examine if the practices of both ICC and other institutions have produced any further improvements; and5) Finally, to explore the necessary reforms to be made in order to turn the ICC into a more effective international criminal justice institution.