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State Immunity And The Violation Of Human Rights
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Book Synopsis State Immunity and the Violation of Human Rights by : Jürgen Bröhmer
Download or read book State Immunity and the Violation of Human Rights written by Jürgen Bröhmer and published by BRILL. This book was released on 2021-09-27 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 The principle of absolute immunity of states from the adjudicatory jurisdiction of foreign states has been replaced by a restrictive concept under which foreign states can be sued under certain circumstances.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.
Book Synopsis State Immunity in International Law by : Xiaodong Yang
Download or read book State Immunity in International Law written by Xiaodong Yang and published by Cambridge University Press. This book was released on 2012-09-27 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Book Synopsis The Law of State Immunity by : Hazel Fox
Download or read book The Law of State Immunity written by Hazel Fox and published by OUP Oxford. This book was released on 2013-08-29 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
Book Synopsis The Law of State Immunity by : Hazel Fox
Download or read book The Law of State Immunity written by Hazel Fox and published by OUP Oxford. This book was released on 2013-08-29 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
Book Synopsis Immunities in the Age of Global Constitutionalism by : Anne Peters
Download or read book Immunities in the Age of Global Constitutionalism written by Anne Peters and published by Martinus Nijhoff Publishers. This book was released on 2014-11-07 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book takes up new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.
Book Synopsis The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law by : Rosanne van Alebeek
Download or read book The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law written by Rosanne van Alebeek and published by Oxford University Press on Demand. This book was released on 2008 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is a comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.
Book Synopsis Remedies against Immunity? by : Valentina Volpe
Download or read book Remedies against Immunity? written by Valentina Volpe and published by Springer Nature. This book was released on 2021-04-08 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Book Synopsis The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law by : Rosanne Van Alebeek
Download or read book The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law written by Rosanne Van Alebeek and published by OUP Oxford. This book was released on 2008-03-06 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Sovereign Immunity Under Pressure by : Régis Bismuth
Download or read book Sovereign Immunity Under Pressure written by Régis Bismuth and published by Springer Nature. This book was released on 2022-01-19 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States. Part I, Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes, deals with the diversity of existing regimes of State immunity at the national level. This part aims to explore different approaches of particular states to sovereign immunity and their general attitude to international law, and attempts to understand why some States favour a weaker State immunity regime by multiplying exceptions or interpreting them broadly, while others continuously support a stronger one and sometimes rely on the doctrine of absolute immunity. Part II, International Customary Law of Sovereign Immunity, Human Rights and Counter-Terrorism, highlights how human rights and counter-terrorism have shaped the law and practice of sovereign immunity. This part specifically discusses the role of national legislators and judges in the development of international law, emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights, and possible ways of their reconciliation. Part III, Sovereign Immunity of States and their Financial Obligations, contributes to on-going debates related to the mixed and complex nature of States’ financial obligations. In this part, authors elaborate on perceptions of the underlying public-private law divide, cross influences in public and private international law and their consequences for State immunity, as well as recent trends relating to immunity from execution.
Book Synopsis The State Immunity Controversy in International Law by : Ernest K. Bankas
Download or read book The State Immunity Controversy in International Law written by Ernest K. Bankas and published by Springer Science & Business Media. This book was released on 2005-06-30 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.
Book Synopsis The Cambridge Handbook of Immunities and International Law by : Tom Ruys
Download or read book The Cambridge Handbook of Immunities and International Law written by Tom Ruys and published by Cambridge University Press. This book was released on 2019-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.
Book Synopsis Immunity of International Organizations by :
Download or read book Immunity of International Organizations written by and published by BRILL. This book was released on 2015-06-19 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immunity for international organizations and their staff, while long considered necessary to their functioning, has fallen under scrutiny and criticism in practice. These contributions, originally prepared for a conference held at Leiden University in June 2013, are re-published here in celebration of the 10th anniversary of the International Organizations Law Review.
Book Synopsis Access to Justice as a Human Right by : Francesco Francioni
Download or read book Access to Justice as a Human Right written by Francesco Francioni and published by OUP Oxford. This book was released on 2007-10-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
Book Synopsis The Human Rights Challenge to Immunity in International Law by : Selman Özdan
Download or read book The Human Rights Challenge to Immunity in International Law written by Selman Özdan and published by Springer Nature. This book was released on 2022-02-12 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the tension between the protection of human rights recognised as jus cogens (peremptory) norms, on the one hand, and the bestowal of immunity on the state and its representatives, on the other, to ascertain how these immunities can be eroded, if not fully abolished, to maintain full protection of jus cogens human rights under international law. The book argues that immunity should not equate to impunity when violations of jus cogens human rights are committed by States, Heads of State, or diplomatic agents. To make the case, the organic structures of the concepts of sovereignty and fundamental human rights are examined. Then, the human rights-based challenge to immunity is presented with respect to State, Head of State and diplomatic immunity, and the transition from a state-centric system to a human-centric system is explored. Jus cogens norms are at the centre of the impunity versus immunity debate.
Book Synopsis Explanatory Reports on the European Convention on State Immunity and the Additional Protocol by : Council of Europe
Download or read book Explanatory Reports on the European Convention on State Immunity and the Additional Protocol written by Council of Europe and published by Council of Europe. This book was released on 1985-01-01 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventions opened for signatire on 16.5.72
Book Synopsis UN Security Council Referrals to the International Criminal Court by : Alexandre Skander Galand
Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
Book Synopsis The Law and Practice of Peacekeeping by : Rosa Freedman
Download or read book The Law and Practice of Peacekeeping written by Rosa Freedman and published by Cambridge University Press. This book was released on 2021-06-10 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an increasingly complex world, it is more crucial than ever to have a full picture of how international peacekeeping can be a force for good, but can also have potentially negative impacts on host communities. After thirteen years of presence in Haiti, the highly controversial United Nations Stabilization Mission in Haiti has now withdrawn. The UN's legacy in Haiti is not all negative, but it does include sexual scandals, the divisive use of force to 'clean up' difficult neighbourhoods as well as a cholera epidemic, brought inadvertently by Nepalese peacekeepers that killed more than 8,000 Haitians and infected more than 600,000. This book presents a unique multi-disciplinary analysis of the legacy of the mission for Haiti. It presents an innovative account of contemporary international peacekeeping law and practice, arguing for a new model of accountability, going beyond the outdated immunity mechanisms to foreground human rights.
