In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union – not a fully-fledged federation yet – each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular … [Read more...]
The Evolution of Palestinian Arab Proto-Self-Determination and “Peoplehood” During the Mandate for Palestine
This paper traces the evolution of Palestinian Arab proto-self-determination and “peoplehood” during the Mandate for Palestine. In doing so, it seeks to clarify what are two of the most controversial and emotive concepts in international legal discourse and popular imagination … [Read more...]
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The Use of Force and Defences in the Law of State Responsibility
Justifications and excuses have developed in various legal systems as defences for wrongful acts. In international law, defences appear in the ILC Articles on State Responsibility, but they conflate justifications and excuses. This article argues in favour of a systematic … [Read more...]
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What remains of the centrality of parliamentary legislation in continental Europe? An Italian perspective
The impact of the European Convention on Human Rights on national legal orders is not limited to the enhancement of the protection of individuals’ rights, but implies broader transformations in the constitutional structure of states. This paper investigates the on-going … [Read more...]
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The Determinability of Law: Indetermincy and the Social and Communatarian Foundations of Authority
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