Frolova V. Union of Soviet Socialist Republics
Author | : |
Publisher | : |
Total Pages | : 162 |
Release | : 1983 |
Genre | : |
ISBN | : |
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Author | : |
Publisher | : |
Total Pages | : 162 |
Release | : 1983 |
Genre | : |
ISBN | : |
Author | : Jürgen Bröhmer |
Publisher | : BRILL |
Total Pages | : 263 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004481680 |
The field of international human rights has been one of the most prominent and dynamic areas of public international law in recent decades. At the same time the law of state immunity, albeit less prominent, has also been subjected to a process of dynamic change. The principle of absolute immunity of states from the adjudicatory jurisdiction of foreign states has been replaced by a restrictive concept under which foreign states can be sued under certain circumstances. The violation of fundamental human rights by foreign states is, however, still widely regarded as immunity- protected conduct, be it because such violations must be considered as governmental acts (acta jure imperii) or because the violations were committed outside the territory of the foreign state. Consequently, it is often impossible for the victim of such violations to bring damage proceedings against the foreign state based on municipal (tort) law in a municipal court. The present study attempts to demonstrate that international law does not per se demand that foreign states be granted immunity in such cases. The current state of international immunity law as evidenced by state practice and the work of several international learned bodies is surveyed extensively. It is shown that the granting of immunity may contradict the procedural guarantees of the European Convention of Human Rights. The impact of human rights law on the traditional concept of diplomatic protection is described. The study concludes that a further restriction of the immunity privilege is necessary, and criteria are offered to distinguish between violations of human rights which should remain immunity-protected and violations where the interest of the perpetrating state to remain immune from foreign jurisdiction must yield to the interest of the injured individual to obtain adequate redress.
Author | : Rosanne Van Alebeek |
Publisher | : OUP Oxford |
Total Pages | : 488 |
Release | : 2008-03-06 |
Genre | : Law |
ISBN | : 0191552542 |
The development of international human rights law and international criminal law has triggered the question whether states and their officials can still shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved. The Pinochet case was the first case that put this issue in the limelight of international attention. Since then, the question has been put to several domestic and international courts, and has engaged the minds of scholars and politicians around the world. This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international human rights law and international criminal law without the simultaneous development of international institutional enforcement mechanisms had brought the question of the role of national courts in the application of these norms to the fore and has made the question as to the relation between immunity rules and human rights and international criminal law an immediate one. The tension between the centuries old immunity rules and the relatively recent developments in international human rights law and international criminal law presents itself in two distinct forms. In the first place it can be questioned whether immunity rules as such are compatible with certain fundamental rights of individuals under international law such as the rights of access to court, the right to a remedy, or the right to effective protection. Secondly, it can be questioned whether immunity rules apply unabridged in proceedings concerning grave human rights abuses. In its examination of these two questions this book sets out to clearly distinguish the different scope and nature of the rule of state immunity, the rule of functional immunity and the personal immunity of diplomatic agents and heads of state. While strong arguments against certain applications of immunity rules can be derived from international human rights law and international criminal law, this book argues that an unqualified attack on immunity rules risks casting a shadow over all human rights based arguments.
Author | : |
Publisher | : |
Total Pages | : 528 |
Release | : 1999 |
Genre | : Courts-martial and courts of inquiry |
ISBN | : |
Author | : E. Lauterpacht |
Publisher | : Cambridge University Press |
Total Pages | : 790 |
Release | : 1988 |
Genre | : Law |
ISBN | : 9780521464222 |
The only publication wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators.
Author | : Jonathan M. Jacobson |
Publisher | : American Bar Association |
Total Pages | : 2036 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318676 |
Rev. ed. of : Antitrust law developments (fifth). c2002.
Author | : Debra J. Pearlstein |
Publisher | : American Bar Association |
Total Pages | : 952 |
Release | : 2002 |
Genre | : Business & Economics |
ISBN | : 9781590310632 |
Rev. ed. of : Antitrust law developments (fourth). c1997.
Author | : |
Publisher | : American Bar Association |
Total Pages | : 162 |
Release | : 1995 |
Genre | : Law |
ISBN | : 9781570731075 |
Author | : E. Lauterpacht |
Publisher | : Cambridge University Press |
Total Pages | : 788 |
Release | : 1991 |
Genre | : Business & Economics |
ISBN | : 9780949009968 |
Author | : |
Publisher | : |
Total Pages | : 336 |
Release | : 2011-01-06 |
Genre | : Law |
ISBN | : 0199758883 |
AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Four of AILC covers procedural issues, including those in foreign proceedings. The volume also covers the Foreign Sovereign Immunities Act. The appellate court in El Paso Corporation v. La Comision Ejecutiva Hidro Electrica del Rio Lempa affirmed the district court's denial of the plaintiff's request for discovery for use in a private international arbitration proceeding. The arbitration was conducted pursuant to the parties' agreement under the United Nations Commission on International Trade Law arbitration rules, El Salvadoran substantive law, and Swiss procedural law. In Muhamed Sacirbey v. Joseph R. Guccione, the issue was whether an arrest warrant issued by a foreign court that no longer has jurisdiction over the accused, nor the power to enforce the warrant, can provide an adequate basis for the extradition of a United States citizen.