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A History of International Law in Italy


ISBN13: 9780198842934
Published: April 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £137.50



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This volume critically reassesses the history and impact of international law in Italy. It examines how Italy's engagement with international law has been influenced and cross-fertilized by global dynamics, in terms of theories, methodologies, or professional networks. It asks to what extent historical and political turning points influenced this engagement, especially where scholars were part of broader academic and public debates or even active participants in the role of legal advisers or politicians. It explores how international law was used or misused by relevant actors in such contexts.

Bringing together scholars specialized in international law and legal history, this volume first provides a historical examination of the theoretical legal analysis produced in the Italian context, exploring its main features, and dissident voices. The second section assesses the impact on international law studies of key historical and political events involving Italy, both international and domestically; and, conversely, how such events influenced perceptions of international law. Finally, a concluding section places the preceding analysis within a broader, contemporary perspective.

This volume weighs in on in the growing debate on the need to explore international law from comparative and local viewpoints. It shows how regional, national, and local contexts have contributed to shaping international legal rules, institutions, and doctrines; and how these in turn influenced local solutions.

Subjects:
European Jurisdictions, Italy
Contents:
Introduction
1:What a History of International Law in Italy is for: International Law through the Prism of National Perspectives, Giulio Bartolini
Part 1: The Development of International Law Scholarship in Italy
2.:Early "Italian" Scholars of Ius gentium, Claudia Storti
3.:International Law as a Political Language, 1600-1859, Walter Rech
4.:The Risorgimento and the "Birth" of International Law in Italy, Edoardo Greppi
5.:The Construction of the International Law Discipline in Italy between the Mancinian and Positive Schools, Eloisa Mura
6.:The Italian Legal Scholarships in the Early Decades of the Twentieth Century, Giulio Bartolini
7.:The (Immediate) Post-II World War Period, Antonello Tancredi
8.:The Formation of International Law Journals in Italy: Their Role in the Discipline, Ivan Ingravallo
9.:Catholicism and the Evolution of International Law Studies in Italy, Mirko Sossai
10.:Burn Out and Fade Away: Marxism in Italian International Legal Scholarship, Lorenzo Gradoni
11.:The Integrated Approach to Private and Public International Law - A Distinctive Feature of Italian Legal Thinking, Pietro Franzina
Part 2: Key Historical and Political Events and Their Impact on the Italian Scholarship of International Law
12.:The Unification of Italy and International Law, Sergio Marchisio
13.:The "Roman Question": The Dissolution of the Papal State, the Creation of the Vatican City State and the Debate on the International Legal Personality of the Holy See, Tommaso Di Ruzza
14.:The Italian Approach to Colonialism: The First Experiences in Eritrea and Somalia, Tullio Scovazzi
15.:Italy between the Two World Wars: International Law Issues, Giulio Bartolini
16.:The Influx of International Law Scholars in the Constitution-Making Process, Roberto Virzo
17.:The Main International Law Issues Arising in the Aftermath of World War II, Enrico Milano
Conclusions
18.:Some Contributions and Influence of the Italian Doctrine of International Law, Giovanni DiStefano and Robert Kolb
19.:The Last Decades of the Italian Doctrine, Paolo Palchetti