Suchergebnisse

For John Stuart Mill pleasure and happiness are not the same thing, because a certain amount of pleasure enjoyed does not necessarily mean that a person achieves happiness in the same proportion. Happiness would be a general overview of well-being present not only in the individual, but in the entire society in which he lives. In this way Mill understands that there cannot be a society where all individuals have an unlimited amount of pleasures and that therefore there are suffering and unhappy people within the society. However, this situation changes over time among individuals, and his point of view values the sum of the well-being present among all people, leading to his principle of greater happiness. This happiness is not equal to that present in the school of virtues or even in deontology, it differs by addressing other issues such as the reason to promote the good, the implementation of the principle of preventing harm, helping the innocent and the consideration that the numbers do count, that is, your concern goes beyond the individual aspect. Therefore, happiness cannot be separated from morality, so the analysis of the consequences of actions in favor of greater happiness should not contradict the moral principles of human society. These moral principles serve as a guide for the judgment of human actions, which in turn, if considered correct and good, tend to the path of pleasure and consequently of happiness from Mill's utilitarian point of view.

The present article offers an overview of the Italian practice related to the conclusion of bilateral agreements for the management of migration flows, with a view to analyzing the international and constitutional law implications. This practice consists in the conclusion of agreements following a simplified procedure, or secret agreements, which inevitably encroach upon the prerogatives of the Parliament. Given the specificity of the subject-matter of such agreements and the violation of human rights that their implementation causes, this article suggests a more cautious approach. In this regard, the recent judgment of the Tribunale Ammistrativo Regionale del Lazio (TA R) is particularly welcomed as it will contribute to increasing knowledge of the various international agreements concluded by the Italian Government on migration-related issues. Reaffirming the duty of the Government to publish the text of all international agreements concluded by it might also contribute to enhancing control of the Parliament.

This chapter addresses the question of how the responsibility to discharge the duty of care is allocated between an international organization, its member States and the civilian personnel deployed abroad by the international organization. First of all, it discusses the applicability of the rules on international responsibility, in particular the Draft Articles on the Responsibility of International Organizations and the Articles on the Responsibility of States for Internationally Wrongful Acts. In this regard, attention will be paid to the interplay between special regimes imposed by the international organizations and general rules. Secondly, and provided that the general rules on international responsibility have a role in apportioning the responsibility between States and international organizations, the chapter analyses the rules of attribution of conduct and of responsibility in light of the most recent international practice and jurisprudence.

The present article addresses the issue of the loan of organs between international organizations, focusing on the most recent practice of the European Union (EU) and, in particular, on the loan of the Commission and the European Central Bank to the European Stability Mechanism (ESM). The hypothesis is that the loan of the two EU institutions to the ESM bridges two autonomous international organizations and that, for this reason, the EU can indirectly influence the activities of the ESM. The bridge is built on normative grounds, as EU institutions are bound to respect EU law even when they are borrowed by other international organizations, as the Court of Justice of the EU (CJEU) held in the Pringle case. In a more recent case, the Ledra Advertising, the same Court specified that the duty to respect EU law extends also to the EU Charter of Fundamental Rights. This last consideration might have a positive impact on the protection of human rights in the context of austerity measures adopted by the ESM. Moreover, it might give to the EU an important tool for the enhancement of human rights protection in the relations with other international organizations. In this regard, the most recent practice of the EU reveals at the same time promises and perils.

The present article addresses the issue of the loan of organs between international organizations, focusing on the most recent practice of the European Union (EU) and, in particular, on the loan of the Commission and the European Central Bank to the European Stability Mechanism (ESM). The hypothesis is that the loan of the two EU institutions to the ESM bridges two autonomous international organizations and that, for this reason, the EU can indirectly influence the activities of the ESM. The bridge is built on normative grounds, as EU institutions are bound to respect EU law even when they are borrowed by other international organizations, as the Court of Justice of the EU (CJEU) held in the Pringle case. In a more recent case, the Ledra Advertising, the same Court specified that the duty to respect EU law extends also to the EU Charter of Fundamental Rights. This last consideration might have a positive impact on the protection of human rights in the context of austerity measures adopted by the ESM. Moreover, it might give to the EU an important tool for the enhancement of human rights protection in the relations with other international organizations. In this regard, the most recent practice of the EU reveals at the same time promises and perils.

The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems both before and after Federation."--Bloomsbury Publishing

Analysis of the till now secret memorandum written by P. Malvestiti to foster public investment in 1950 and of the impact of rearmament on the Italian economic policy in 1950. Based on US and Italian archives, as well as the papers of Alcide De Gasperi and Pietro Malvestiti, the article deals with the way in which the Italian government reacted to the US requests for burden-sharing and military building in the Atlantic Alliance and their consequences for the Italian investment policy in the South.

Introduction -- Australia : 1788-2001 -- Kelsen : authorised constitutional change -- Application of Kelsen's account -- Raz : continuity of social form -- Application of Raz's account