Introduction  On State immunity in civil proceedings, Italian courts have been pathbreakers, for better or worse. The Italian Supreme Court, in the 50s, developed the restrictive theory of State immunity, now accepted as custom (Ronzitti, Venturini). More recently, Italian courts have poked holes in immunity for international crimes in civil proceedings (Ferrini v Germany,…

Introduction In September 2021, Armenia and Azerbaijan lodged each against the other an application before the International Court of Justice (Court) (ArA and AzA). Both applications refer to alleged breaches of the 1966 UN Convention on the Elimination of All Forms of Racial Discrimination (CERD), using its compromissory clause (Article 22) to establish the…

The ICSID tribunal in Eskosol in liquidazione v. Italy rejected Italy’s Rule 41.5 application to have the claim thrown out for being “manifestly without legal merit.” I offer a summary and some reflections on two interesting aspects on the tribunal’s jurisdiction. Background The claimant challenged, under the Energy Charter Treaty (ECT), Italy’s 2011…