Italy

The essence of Italy’s approach to international law is dominated by ‘moderation’. The soul of the country in the matter can be distilled in three elements: moderate openness of its domestic legal order to international law; moderate stands in multilateral forums; a prolific academic community informed by temperate positions and by a moderate involvement in international practice. The chapter first unravels the permeability of the Italian legal system to international rules, as emerges from the post-World War II Constitution. It then singles out shadows of domestic legal protectionism, with special regard to the Italian judiciary. Italy’s compromising attitude in multilateral forums will also be highlighted, alongside some of the distinguishing features of Italian scholarship. The chapter concludes by emphasizing how, despite the frequent turnovers in government, moderation has allowed elements of continuity in the country’s stance on international law.