Sources of Law

CREMA Custom Academy

by Luigi Crema

The Effect of Leaked Information on the Rules of International Law

by William Worster

International law, and international lawyers generally, tend to take a somewhat conservative approach to the formation... more International law, and international lawyers generally, tend to take a somewhat conservative approach to the formation of rules, so when confronted with the growing availability of leaked information naturally we might be cautious in considering how the leaks are affecting international law. This paper will assess the growing influence of leaked information on the rules of international law and argue in favor of their use. This paper is not especially focused on WikiLeaks, though it is representative of the phenomenon and is the source used primarily for this paper. Due to the presence of it and similar actors, the availability of leaked information is growing and leaked information is now becoming significant in international affairs.

This paper will walk through the various sources of law, generally following the structure of article 38(1) of the Statute of the International Court of Justice, although with some additions as may be relevant, and examine each source to see whether and how leaked information might contribute. As threshold matters, ex turpi causa non oritur actio, “the fruit of the poisonous tree”, and similar principles are examined, however, those principles can be dismissed for a number of reasons.

The first source of law to be discussed is treaties for two purposes. Firstly, the paper assesses the definition of a treaty and considers whether leaked information might amount to a secret treaty, and secondly, it assesses the evidentiary function of leaked information in interpreting treaties.

After treaties, the paper considers the ways in which leaked information might contribute to the formation of customary international law, primarily the ways in which leaked information might evidence practice and opinio juris.

Lastly, the author also considers the potential for leaked information to contain binding unilateral statements and the role that leaked information might play in the law-making function of international organizations.

Following the examination of the sources of law, the paper takes a brief detour to examine the ways in which leaked information might impact the international legal personality some entities enjoy. Leaked information might have a bearing on both the law to be applied and the facts to be established. In particular, the Holy See and Kosovo will be discussed.

We appear to be moving into an era of increased access and transparency of information, and inability to prevent the viral spread of leaks. Law, and international law in particular, must take cognizance of this change and absorb it. It is possible, although the growth in leaked information might have a greater effect in the future. It might even inspire changes in some of the more fundamental notions that underpin the law.

Ancora su Mastarna, sodalis fidelissimus

by Daniele Federico Maras

Published in Annali della Fondazione per il Museo C. Faina di Orvieto XVII, 2010

L’iscrizione di Trivia ed il culto del santuario alla foce del Garigliano

by Daniele Federico Maras

Published in Archeologia Classica LVI, n.s., 6, 2005, pp. 33-48.

Starting from a revision of the reading of the so called “Trivia”-inscriptions (found in Marica’s sanctuary at the... more Starting from a revision of the reading of the so called “Trivia”-inscriptions (found in Marica’s sanctuary at the mouth of Garigliano river and dating from the end of the 6th or the beginning of 5th century BC), this contribution proposes a new interpretation: the long Latin inscription scratched inside the bowl is at the same time a votive dedication of the bowl and a set of vases as well as a request of protection for the offerer and his companions (sokioi); the term trivoial, “belonging to Trivia”, consecrates both the bowl and its dedicator to the goddess, protecting them from the danger of theft and slavery (nei pari med, “don’t buy me”), but avoiding the contamination with a chthonic cult.
In the reconstruction of the archaic Auruncan Marica’s cult and of the historical frame of archaic relationships among peoples, the article analyzes Greek and Latin literary sources, in order to understand the special worship paid by the inhabitants of Minturnae to their goddess, which forbade “to bring away anything which had been brought in her sanctuary” (as stated by Plutarch). This tabu granted protection to strangers and fugitives too, as showed by the story of Marius, who tried to hide in the Marica’s swamp and escaped to murder.
So the interpretation of the epigraphic text throws light on the phenomenon of hospitality in pre-Roman Italy and on its sacred values, as demonstrated by the Italic name scratched on the external wall of the bowl, which probably belongs to a Minturnian family who gave hospitality to the Latin author of the dedication.

Decretazione d'urgenza, indirizzo politico e programma di governo nella XVI legislatura

by Giacomo Delledonne

Published in "Osservatorio sulle fonti", issue no. 2/2011

The contribution looks into the recent evolution of indirizzo politico, a key concept of Italian constitutional law... more The contribution looks into the recent evolution of indirizzo politico, a key concept of Italian constitutional law set to encompass the allocation of political leadership within a given form of government. In particular, decree-laws have turned into the chief instrument of “juridicization” of indirizzo politico. The contribution tries to analyze this trend after the general election in 2008. Three main aspects will be outlined: the fundamental role of the executive power within the system; the chaotic and fragmentary implementation of its political programme; the ambiguous role of the legislative vis-àvis its apparent dispossession.

Le cadre reglementaire des traitements de donnees personnelles effectues au sein de l'Union europeenne. Situation presente et perspectives de developpement (2002)

by Francesco Maiani

Published in the Revue trimestrielle de droit européen 2002, 283-309

This article examines the relationship between the various EU enactments regulating the processing of personal data by... more This article examines the relationship between the various EU enactments regulating the processing of personal data by EU institutions and bodies. The general rules and principles on this matter are to be found in Regulation 45/01. Other pieces of secondary legislation contain special rules, without explicitly stating their position vis-à-vis Regulation 45/01. It is argued that, contrary to what would result from the simple application of the "lex specialis" principle, it can be derived from the Treaty provisions that the general rules must prevail. The article also discusses the field of application "ratione materiae" of Regulation 45/01 – an aspect that was hotly debated before the Regulation's adoption, and that is still a matter of controversy in a reform perspective.