Luigi Daniele – författare

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations.The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks as international war crimes, and critically unpacks the macroscopic implications of these problems for international adjudications. It goes on to address the challenges posed by these attacks as key causes of civilian victimization in war.The author demonstrates that the Rome Statute of the ICC must be either re-interpreted or amended in order to prosecute and punish the most recurring forms of indiscriminate and disproportionate attacks. Not doing so would mean impairing the ability of this institution to pursue the most important objectives declared by its founding treaty. The book concludes by offering interpretative solutions and two amendment proposals for the Rome Statute to bridge the gaps and overcome the antinomies identified.

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations. The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks as international war crimes, and critically unpacks the macroscopic implications of these problems for international adjudications. It goes on to address the challenges posed by these attacks as key causes of civilian victimization in war. The author demonstrates that the Rome Statute of the ICC must be either re-interpreted or amended in order to prosecute and punish the most recurring forms of indiscriminate and disproportionate attacks. Not doing so would mean impairing the ability of this institution to pursue the most important objectives declared by its founding treaty. The book concludes by offering interpretative solutions and two amendment proposals for the Rome Statute to bridge the gaps and overcome the antinomies identified.

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations. The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks as international war crimes, and critically unpacks the macroscopic implications of these problems for international adjudications. It goes on to address the challenges posed by these attacks as key causes of civilian victimization in war. The author demonstrates that the Rome Statute of the ICC must be either re-interpreted or amended in order to prosecute and punish the most recurring forms of indiscriminate and disproportionate attacks. Not doing so would mean impairing the ability of this institution to pursue the most important objectives declared by its founding treaty. The book concludes by offering interpretative solutions and two amendment proposals for the Rome Statute to bridge the gaps and overcome the antinomies identified.

The book covers some of the major issues concerning the problematic relationship between respect for democratic principles and the new European Economic Governance. Innovative approaches are highlighted throughout the book: new frameworks and arrangements are proposed on the basis of efficiency analyses, as well as their institutional and legal suitability. Though the perspective adopted is essentially a legal one, the economic and policy background are also given due consideration.The papers presented here offer a balanced mix of empirical (including comparative) and theoretical analysis; several also combine the two approaches, carrying out empirical analyses, then setting the results against theoretical options. Given the relative dearth of literature on democratic principles and the EMU, let alone a comprehensive enquiry, the book marks a valuable new contribution.

The book covers some of the major issues concerning the problematic relationship between respect for democratic principles and the new European Economic Governance. Innovative approaches are highlighted throughout the book: new frameworks and arrangements are proposed on the basis of efficiency analyses, as well as their institutional and legal suitability. Though the perspective adopted is essentially a legal one, the economic and policy background are also given due consideration.The papers presented here offer a balanced mix of empirical (including comparative) and theoretical analysis; several also combine the two approaches, carrying out empirical analyses, then setting the results against theoretical options. Given the relative dearth of literature on democratic principles and the EMU, let alone a comprehensive enquiry, the book marks a valuable new contribution.