https://www.um.edu.mt/library/oar/handle/123456789/123982 Wed, 15 Apr 2026 17:22:37 GMT 2026-04-15T17:22:37Z https://www.um.edu.mt/library/oar/handle/123456789/124260 Title: Mediterranean Journal of Human Rights : volume 3 : number 1 Authors: Vassalli, Giuliano Abstract: Table of contents:; - Editorial : Fifty years after the Universal Declaration of Human Rights: Giuliano Vassalli; - The constitutionalisation of Private Law in Italy: Guido Alpa; - The welfare state as a legal obligation: Salvo Ando; - How may Human Rights acquire universal recognition?: Luigi Vittorio Ferraris; - Les Enquetes du Co mite des Nations unies contre La Torture sur la pratique systematique de La Torture en Turquie et en Egypte: Didier Rouget; - Minorities: The missing article in the Universal Declaration of Human Rights: William A. Schabas; - WEU and the European security and defence dimension: An overview: Paolo Foresti; - Promoting mutual comprehension between peoples to the North and South of the Mediterranean: Saad Eddin Ibrahim; - Economic, social and cultural rights in the present international economic context: Fabiola Letelier Del Solar; - Criminality and economic development: An empirical verification in Italian regions (1980-95): Ferdinando Ofria; - Hans Kelsen: Rights crusader or Nazi sympathiser?: Mario Patrono; - Les Droits contre les Pouvoirs - Reparation au Garantisme: Carlo Grassi; - Abstracts in Arabic; - Subscription Form; - Note to Contributors Fri, 01 Jan 1999 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/124260 1999-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/124254 Title: Editorial : fifty years after the Universal Declaration of Human Rights Authors: Vassalli, Giuliano Abstract: This article considers the historical, philosophical and juridical implications behind the widely-accepted notion of "fundamental human rights" and their gradual progression from natural law to positive law. Reference is made to a number of international instruments, particularly the Universal Declaration of Human Rights. Three forms of protection of human rights are mentioned: namely promotion and control which are meant to strengthen human rights within national jurisdictions and the development of superior forms of international jurisdiction to replace national jurisdiction where this is inadequate or non-existent. In this respect, the author links the fiftieth anniversary of the Universal Declaration of Human Rights to the recent signing in Rome of the Statute setting up a Permanent International Criminal Court, seeing this as a step towards the more effective enforcement of human rights. He retraces the controversies and difficulties encountered when drawing up the final draft of the statute of Rome and also reviews the principal contents of this statute; in particular the crimes in respect of which the International Criminal Court would be able to exercise jurisdiction. The obstacles which have to be overcome before the ICC starts to operate are also considered. These include, inter alia, obtaining sufficient ratifications for the statute to enter into force, the drafting of legal texts and regulations and the negative attitude adopted by certain influential states who have voted against the Statute of Rome. Fri, 01 Jan 1999 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/124254 1999-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/124252 Title: The constitutionalisation of private law in Italy Authors: Alpa, Guido Abstract: This article explores the impact of the Italian constitution, through its guarantees of fundamental human rights, on the legal relations between private persons which are the traditional subject of private law. A distinction is made between various modes of application of the constitutional rules and this is illustrated by reference to leading cases in which these constitutional rules were applied. Particular attention is focused on the role of constitutional argumentation in implementing the principle of non-discrimination, developing the rights of personality, constructing the concept of biological damage in personal injury cases and in specific parts of the law of obligations. It is concluded that the Italian system for applying constitutional norms is fairly coherent and differs from other systems inasmuch as it does not directly protect freedom of contract under the constitution. The boundaries between private and constitutional law are being redefined as a result of this process of constitutionalisation of private law. Fri, 01 Jan 1999 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/124252 1999-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/124251 Title: The welfare state as a legal obligation Authors: Ando, Salvo Abstract: The twentieth century should not only be remembered for the enormous massacres which it occasioned, but also for the revolution in the culture and protection of human rights which characterised its latter half. Human rights have been recognised as innate and state sovereignty in this field has become ever more limited as human rights protection, initially left to state constitutions, comes to be entrusted to international law and to the supranational authorities created by virtue of international law. If human rights are to be taken seriously, it is clear that the international control of the way states carry out their duties of protection and promotion in this field will become the big problem of the twenty-first century. It is also clear that the international community does not protect human rights as intensively as certain state constitutions do. However, the process of internationalisation of human rights does not authorise individual states to use their treaty commitments to reduce the level of human rights protection guaranteed in terms of their constitutions. Thus, European Law cannot reduce the level of protection which each state assures to its own citizens. This is particularly true in regard to the social entitlements guaranteed by the welfare state. If human rights are fundamental and inviolable, then the welfare state, which is an essential means for implementing these rights, cannot be altered for the worse. Fri, 01 Jan 1999 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/124251 1999-01-01T00:00:00Z