Queering the Law of Armed Conflict
In: in Andreas Ziegler (ed), The Oxford Handbook of International LGBTI Law (Oxford University Press 2023) (forthcoming)
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In: in Andreas Ziegler (ed), The Oxford Handbook of International LGBTI Law (Oxford University Press 2023) (forthcoming)
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In: The international & comparative law quarterly: ICLQ, Band 69, Heft 2, S. 431-449
ISSN: 1471-6895
AbstractThe Brussels I Recast Regulation entitles business actors to agree on which court(s) will have jurisdiction but restricts the effectiveness of such jurisdiction agreements to disputes 'which have arisen, or which may arise, in connection with a particular legal relationship'. This article fills a gap in the academic literature by examining the content and implications of this necessary connection (proximity) between the claim and the legal relationship between the parties. First, it characterises claim proximity as a question of party autonomy by distinguishing it from the subject matter of the jurisdiction agreement, which is an issue of contract interpretation. Second, it scrutinises the foreseeability test which has been frequently used by the CJEU in order to determine claim proximity, highlighting its main operational aspects. Building on both theoretical considerations and some cases where the foreseeability test has been used by domestic courts, this article provides clarifications about the scope, the proper functioning and the limits of such a test in order to raise awareness regarding the difficulties that may arise in its use in court to determine claim proximity and therefore assess jurisdiction.
In: The Italian Law Journal, Band 4, Heft 1
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In: ICL Journal 2018; 12(4); 431–456
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In: Vienna online journal on international constitutional law: ICL-Journal, Band 12, Heft 4, S. 431-456
ISSN: 1995-5855, 2306-3734
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This article unveils Italy's exceptionalism in recognising and protecting same-sex couples by adopting a three-dimension analysis: constitutional, comparative and supranational. It maintains that, compared to other countries whose courts were sympathetic with the legal claims raised by lesbian and gay people, Italy's Constitutional Court adopted a totally different approach, reinforcing the heteronormativity of marriage in a way that delayed all efforts to pass a law on same-sex registered partnerships. The Constitutional Court, in particular, interpreted the Constitution, the experience of other nations and supranational law according to heteronormativity, an example that is unique in the comparative context. As an illustration, this article addresses the case Bernaroli vs Ministry of the Interior. In Bernaroli, a male-to-female transgender person wanted to remain married to her wife notwithstanding the transition. The case ignited a heated debate among scholars and questioned the courts' opinions as to the human rights dynamics surrounding same-sex marriage and, more importantly, about the current role of heteronormativity in marriage law. This article concludes that the legal existence of Bernaroli's marriage represents a constant challenge to the status quo and highlights the permanent crisis of heteronormativity. After the Austrian Constitutional Court's recent ruling that declared the law on same-sex domestic partnership to be discriminatory, heteronormativity's defence became even more untenable, making Italy's a true exception in the continent's legal landscape.
In: Politica del diritto, Band 42, Heft 1, S. 93-123
ISSN: 0032-3063
In: XXXIV Diritto del Commercio Internazionale - The Law of International Trade 857-870 (2020)
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In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, Band 11, Heft 2, S. 396-401
ISSN: 2190-8249
In: The Italian Law Journal, Vol. 05 – No. 01 (2019)
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Working paper
In: The International Lawyer, Band 51, Heft 3
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