Relevant bibliographies by topics / International law and State immunity

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  1. Journal articles
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  3. Books
  4. Book chapters
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Academic literature on the topic 'International law and State immunity'

Author: Grafiati
Published: 4 June 2021
Last updated: 16 February 2022

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Journal articles on the topic "International law and State immunity"

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McGregor, Lorna. "State Immunity Jus Cogens." International and Comparative Law Quarterly 55, no. 2 (April 2006): 437–46. http://dx.doi.org/10.1093/iclq/lei091.

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The General Assembly first proposed that the International Law Commission look into the issue of state immunity in 1977. As State immunity, by its very nature, sits at the interface between traditional and contemporary notions of international law, the span of the negotiations over three decades inevitably exposed the resulting Convention to gaps and inconsistencies with evolving areas of international law. In 1999 the International Law Commission established a Working Group on Jurisdictional immunities of States and their property,
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Mihandoost, Fatemeh. "Immunity of International Organizations from the Perspective of International Law." Journal of Politics and Law 9, no. 1 (February 28, 2016): 41. http://dx.doi.org/10.5539/jpl.v9n1p41.

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<p>The purpose of this study is to identify the international immunity and its type. We also sought to evaluate the immunity of international organizations from the perspective of international law in this study. International organizations have immunity in the implementation of their programs and tasks. In fact, one of the principles of public international law is immunity that prevents the presence of a foreign state in state courts. In some cases, there is a possibility of cancellation of immunity and in other cases withdrawal of immunity is derived from a political mission. These cases include accepting to solve the commercial dispute through arbitration because contrary to the authority of the state judge, judgment to address the dispute is not one of the government figures; therefore, government summoned to court of arbitration is not considered as a violation of state sovereignty. In practice, immunity has changed over the time. In other words, immunity has been modified over time. Research method used in this article is a review of the literature and interviews with experts who examine and compare the rules and regulations and the existing notes at home and abroad, about the immunity of international organizations. In the current situation, international general discipline is contrary to this subject that the government or organization holding immunity, while being aware of that, definitely accepts the condition of turning to a referee, which attracts the other party’s confidence, and then refers to immunity in some stage of inspection or while implementing the sentence. The legal concept of immunity, in general, is the sense that its owner is immune from prosecution, law enforcement, and government officials and they will not be able to chase the holder of such immunity.</p>
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Mora, Paul David. "Xiaodong Yang,State Immunity in International Law." Journal of International Criminal Justice 14, no. 1 (February 10, 2016): 229–30. http://dx.doi.org/10.1093/jicj/mqw005.

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Yang, Xiaodong. "STATE IMMUNITY OUTSIDE THE STATE IMMUNITY ACT." Cambridge Law Journal 60, no. 1 (March 2001): 1–58. http://dx.doi.org/10.1017/s000819730165061x.

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IS the State Immunity Act 1978 the sole basis for deciding on State immunity? It is and it is not. This seemingly self-contradictory reply is due to the fact that, on the one hand, any proceedings directly or indirectly against a foreign State must be brought under the 1978 Act while, on the other, certain provisions of that Act might paradoxically render the Act itself inapplicable and therefore entail recourse to rules outside the Act for settling the issue of State immunity. This is amply illustrated by the decision of the House of Lords in Holland v. Lampen-Wolfe [2000] 1 W.L.R. 1573, which involved a claim for defamation brought by a US university professor teaching international relations at a US military base in England as part of an education programme provided by her university under a commercial agreement with the US Government. The claim was brought against the education services officer at the base, who had written a memorandum listing serious complaints about the plaintiff’s performance and questioning her professional competence. The US Government claimed immunity on the defendant’s behalf.
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Warbrick, Colin. "PUBLIC INTERNATIONAL LAW: I. IMMUNITY AND INTERNATIONAL CRIMES IN ENGLISH LAW." International and Comparative Law Quarterly 53, no. 3 (July 2004): 769–74. http://dx.doi.org/10.1093/iclq/53.3.769.

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The texts of two brief judgments by district judges at Bow Street are reproduced below. In each case, an application was made for proceedings against a serving foreign official to answer allegations in England of conduct which constituted crimes against international law which were within the jurisdiction of the English court, even though committed abroad and by non-UK nationals. In each case, the judge decided that the official was protected by the law of State immunity rationae personae against the proceedings and the applications were dismissed.
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Lord Lloyd-Jones. "FORTY YEARS ON: STATE IMMUNITY AND THE STATE IMMUNITY ACT 1978." International and Comparative Law Quarterly 68, no. 2 (April 2019): 247–69. http://dx.doi.org/10.1017/s0020589319000125.

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AbstractThis article addresses some of the changes in international law and foreign relations law which have impinged on the operation of the State Immunity Act 1978 in the first 40 years of its operation and some of the ways in which it has been supplemented by judicial decisions. It addresses, in particular, the initial need for legislation in this field, the circumstances in which agents of a State may be entitled to immunity, the relationship between State immunity in domestic law and Article 6 of the European Convention on Human Rights and Article 47 of the EU Charter of Fundamental Rights, the relationship of State immunity and rules of jus cogens, and the respective scope of State immunity and principles of non-justiciability.
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Karagiannakis, Magdalini. "State Immunity and Fundamental Human Rights." Leiden Journal of International Law 11, no. 1 (March 1998): 9–43. http://dx.doi.org/10.1017/s0922156598000028.

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Should state immunity from jurisdiction be denied to states that violate fundamental human rights in breach of international law? This article critically discusses three analytical approaches which can be used to answer the question at the level of international law. These approaches are derived from a review of principles of state immunity and fundamental human rights, including ius cogens. The article goes on to examine why the results dictated by these approaches at the level ot international law may not be reflected by municipal legal systems, using US domestic statutes and case law as an example of how a domestic legal system has dealt with this question.
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O’Keefe, Roger. "The European Convention on State Immunity and International Crimes." Cambridge Yearbook of European Legal Studies 2 (1999): 507–20. http://dx.doi.org/10.1017/s1528887000003487.

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The European Convention on State Immunity provides for the immunity of states and their organs from the domestic courts of the respective Contracting States. In doing so, it makes no apparent distinction between those courts’ civil and criminal jurisdictions. Yet the vexed question of the immunity of state officials from the latter, especially in respect of crimes established under international law, has been spectacularly brought to the fore by the Pinochet case. It is on this question—the immunity of individual state officials from the criminal jurisdiction of foreign states specifically in respect of international crimes—that this article focuses.
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Milisavljevic, Bojan. "State immunity in international law: Overview of the work of the international law commission." Nauka, bezbednost, policija, no. 1 (2014): 21–31. http://dx.doi.org/10.5937/nbp1401021m.

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Kang, Woohyun. "Employment and State Immunity ‒ Focusing on the Relationship between State Immunity and International Human Rights Law ‒." Korea International Law Review 53 (June 30, 2019): 65–102. http://dx.doi.org/10.25197/kilr.2019.53.65.

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Dissertations / Theses on the topic "International law and State immunity"

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Nwosu, Udoka. "Head of state immunity in international law." Thesis, London School of Economics and Political Science (University of London), 2011. http://etheses.lse.ac.uk/599/.

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International events since the landmark Pinochet case, increased human rights advocacy, efforts at a culture of accountability, as well as the recent pro-democratic up-rising in the Arab states sustain impetus for the consideration of Head of state immunity in international law. A naturalist view of international law is that there can be no Head of state immunity for violations of human rights. This popular view proceeds from a theoretical misunderstanding of the positivist concept of immunities resulting in its practical misapplication. However, this naturalist view must be contextualised within the subtleties of international rule-making. It is to this end that the inquiry into Head of state immunity as a concept of customary international law, emergent trends and the formation of a new rule of custom in this regard is necessitated. Thus, this thesis will inquire into the applicability, or otherwise, of Head of state immunity before certain fora, including national courts, international courts, and internationalised courts with view to discerning emergent trends in the practice of Head of state immunity. Thematic in this thesis, is the argument that a provision in the constitutive instrument establishing the jurisdiction of a court which makes irrelevant the fact of official capacity as Head of state, without more, cannot remove the immunities of Heads of states under customary international law. This thesis will undertake its analysis from the perspective of the nature of the constitutive instrument establishing an international court and the extent to which states are bound by the instrument. This thesis will conclude this inquiry by considering the extent to which the trends elicited in the substantive part of the work have changed customary international law and the extent to which there can be said to be a new international law on Head of state immunity.
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Gebremeskel, Wintana Kidane. "Sitting head of state immunity for crimes under international law : conflicting obligations of ICC member states?" University of the Western Cape, 2016. http://hdl.handle.net/11394/5515.

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Magister Legum - LLM
Sitting head of state immunity for crimes under international law has been a very controversial issue in recent times. On the one hand, the debate bears that personal immunity has been renounced for crimes under international law. On the other hand, the advocates of personal immunity claim that the principle of immunity is still persisting under customary International law. Although the International Criminal Court (ICC) is a treaty based court, it is able to extend its jurisdiction to non-state parties to the Rome Statute through a referral by the United Nations Security Council. Lacking its own enforcement body the ICC relies on the cooperation of other states for arrest and surrender of those it indicts. The extension of the court's jurisdiction to non-state parties, such as the case of Sudanese President Omar Al Bashir, has led to the reluctance of state parties to the Rome Statue to effect arrest and surrender citing a 'dilemma between two conflicting obligations'. This paper analyses the legal status of personal immunity before different fora such as International tribunals, foreign domestic courts and under customary international law. It also critically examines the legal basis for the alleged conflicting obligations of state parties. The paper at the end concludes that there is no conflicting obligation for states parties to fully co-operate with the ICC and the lack of co-operation in the arrest and surrender of a sitting head of state is inconsistent with international law particularly with United Nation Charter and the Rome Statute.
German Academic Exchange Service (DAAD)
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Staker, Christopher Robert. "Acts of foreign States in municipal law." Thesis, University of Oxford, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334169.

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Bankas, Ernest Kwasi W. "International law : state immunity and the controversy of private suits against sovereign states in domestic courts." Thesis, Durham University, 1999. http://etheses.dur.ac.uk/4793/.

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Alebeek, Rosanne van. "The immunity of states and their officials in the light of international criminal law and international human rights law /." [Leiden] : E. M. Meijers Inst, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/525676961.pdf.

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Mahdizadeh, Kasrineh Hossein [Verfasser], and Stefan [Akademischer Betreuer] Oeter. "Immunity of Heads of State and its Effects on the Context of International Criminal Law / Hossein Mahdizadeh Kasrineh. Betreuer: Stefan Oeter." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2012. http://d-nb.info/1023947587/34.

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Adonis, Bongiwe. "Immunity for serving Heads of State for crimes under International Criminal Law: an analysis of the ICC-indictment against Omar Al Bashir." University of the Western Cape, 2011. http://hdl.handle.net/11394/2910.

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Magister Legum - LLM
This paper analyses head of state immunity, a traditional rule of international law, in relation to the indictments by the International Criminal Court (ICC) in 2009 against the current Sudanese President Omar Hassan Ahmad Al Bashir. It can be agreed that the doctrine of immunity in international law attempts to overcome the tension between the protection of human rights and the demands of state sovereignty. The statutes and decisions of international criminal courts make it clear that no immunity for international crimes shall be attached to heads of states or to senior government officials. However, the case against the Sudanese President, where the jurisdiction of the ICC was triggered by the UN Security Council‟s referral of the situation in Darfur to the Court, represents the first case where a serving head of state has, in fact, been indicted before the ICC. From this case, a number of legal issues have arisen; such as the questions where the ICC‟s jurisdiction over an incumbent head of state, not party to the ICC Statute, is justified, and the obligations upon ICC state parties to surrender such a head of state to the requesting international criminal court. This paper gives an analysis of these questions.
South Africa
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Mugemangango, Paul. "Immunity from prosecution for genocide, crimes against humanity and war crimes: the case of heads of state." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1088.

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"It is an accepted norm of international law that sitting heads of state have immunity from criminal prosecutions. A head of state is normally entitled to immunity from prosecution anywhere, even after he or she is no longer the head of state. However, in recent years we have witnessed the dramatic shift from this customary international law principle where some jurisdictions have been arresting, or threatening to arrest, former and sitting heads of state in order to institute criminal prosecutions against them. There is, however, no uniformity in the application of this action. Those jurisdictions that determine who is to be arrested or prosecuted are so selective that not all those alleged to have committed these crimes are arrested or prosecuted. On the other hand, existing jurisprudence on this subject is not firm in its application. This problem, therefore, calls for harmonisation of the application of the principle of immunity for heads of state in order to make international law reflect the real consent of states. ... The study is divided into four chapters. Chapter one addresses the background on which the study is premised, outlines the statement of the problem, objectives and their significance and the literature review. Chapter two discusses the principle of immunity as developed by prominent international lawyers, courts decisions and other generally applied principles in international law. Chapter three takes the practical application of the principle of head of state immunity against criminal prosecution in interantional law. This involves an examination of the application of the principle from selected national jurisdictions and by the International Court of Justice. Chapter four concludes the discussion and provides for necessary recommendations on the way forward." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Dr. Henry Onoria at the Faculty of Law, Makerere University, Kampala, Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Ozdan, Selman. "The human rights challenge to immunity in international law." Thesis, Queen's University Belfast, 2016. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709867.

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The aim in this Thesis is to present a detailed analysis of the immunity versus impunity debate within the framework of a human rights-based challenge to immunity. There are two essential interests in international law: preserving the immunity of States and those who represent them, such as Heads of State and diplomatic agents; and protecting fundamental human rights which fall within the scope of peremptory norms of general international law. Several cases which are recently before international and national courts demonstrate that the protection of fundamental human rights is a significant challenge to the immunities. This Thesis focuses on the tension between the protection of fundamental human rights on the one hand, and the bestowal of immunity on the State and its representatives on the other. It examines the extent to which the tension affects the sovereign structure of the State, and seeks to ascertain how these immunities can be gradually eroded, if not fully abolished, in order to maintain full protection of fundamental human rights under international law. It argues that immunity should not equate to impunity when violations of fundamental human rights recognised as jus cogens norms are committed by States, Heads of State, or diplomatic agents. To make the case, this Thesis sets out the organic structures of the concepts of sovereignty and fundamental human rights. It then examines the human rights-based challenge to immunity in three instances: State immunity, Head of State immunity, and diplomatic immunity. This Thesis, in so doing, puts the notion of fundamental human rights at the centre of the immunity versus impunity debate; and, the transition from a State-centric system to a human-centric system under the microscope.
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Bykhovskaya, Ekaterina. "State immunity : Russian perspective in the context of international practice." Thesis, University of Essex, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.412340.

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Books on the topic "International law and State immunity"

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Yang, Xiaodong. State immunity in international law. Cambridge: Cambridge University Press, 2012.

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Chamlongrasdr, Dhisadee. Foreign state immunity and arbitration. London: Cameron May, 2007.

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Gavouneli, Maria. State immunity & the rule of law. Athens: Ant. N. Sakkoulas Publishers, 2001.

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State immunity and cultural objects on loan. Leiden: Martinus Nijhoff Publishers, 2012.

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Gordon, Michael W. Foreign state immunity in commercial transactions. Salem, N.H: Butterworth Legal Publishers, 1991.

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Andrew, Dickinson. State immunity: Selected materials and commentary. Oxford: Oxford University Press, 2004.

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Bröhmer, Jürgen. State immunity and the violation of human rights. The Hague: Martinus Nijhoff Publishers, 1997.

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Shuken menjo no kokusaihō: Public International Law Aspects of Foreign State Immunity. Nagoya-shi: Nagoya Daigaku Shuppankai, 2012.

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Morgan, Edward M. Foreign state debtors in the domestic courts: A theory of sovereign immunity. [Toronto, Ont.]: International Business and Trade Law Programme, 1988.

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Alebeek, Rosanne van. The immunity of states and their officials in international criminal law and international human rights law. Oxford: Oxford University Press, 2008.

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Book chapters on the topic "International law and State immunity"

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Mahmoudi, Said. "State Immunity: A Swedish Perspective." In International Courts and the Development of International Law, 77–89. The Hague, The Netherlands: T. M. C. Asser Press, 2013. http://dx.doi.org/10.1007/978-90-6704-894-1_7.

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Winch, Phoebe D. "State Immunity and the Execution of Investment Arbitration Awards." In Public Actors in International Investment Law, 57–77. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-58916-5_4.

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AbstractThe doctrine of state immunity occupies a fundamental place in international law. The application of the doctrine, largely left to the national laws of states, is not consistent. One particular area of inconsistency is the treatment of the plea of state immunity from execution of arbitral awards resulting from investor-state disputes. The issue of state immunity from execution has come to the fore in light of a number of recent attempts by award-creditors to attach their awards against the assets of a foreign state located in jurisdictions considered to be “pro-enforcement”, such as France and Belgium. This chapter considers the plea of state immunity and the execution of investment arbitration awards from the perspective of the forum state. In particular, it addresses the introduction of procedural and substantive amendments to French and Belgian laws on state immunity following these attempts by award-creditors to seize foreign state assets located in their respective jurisdictions. The chapter posits a way forward for investors seeking to navigate the landscape governing state immunity from execution.
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Oellers-Frahm, Karin, and Andreas Zimmermann. "European Tribunal in Matters of State Immunity." In Dispute Settlement in Public International Law, 1487–93. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_74.

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Krieger, Heike. "Sentenza 238/2014: A Good Case for Law-Reform?" In Remedies against Immunity?, 71–89. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_4.

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AbstractSentenza 238/2014 is an important judgment which does not only concern the concrete case at hand but also pushes for a change in the law of state immunity. However, such attempts at law-making by national courts may not always attain their goal but may exert adverse effects which are harmful for the international legal order. Sentenza 238/2014 may have an impact on three different yet related issues central to the future development of international law: the relationship between international and national law, exceptions to immunities, and individual reparations in cases of mass atrocities.This chapter criticises law-making through non-compliance with international judicial decisions by national courts. Judges in democratic states under the rule of law who try to push for law-reform, by initiating non-compliance with decisions of international courts, should be aware that they may act in the company, and thereby in support of, courts in regimes with autocratic tendencies, such as the Russian Constitutional Court, which refuses to comply with judgments of the European Court of Human Rights. Furthermore, the chapter argues that immunity from jurisdiction and immunity from execution should be kept distinct and that human rights exceptions should not be applied to immunity from execution. Such a differentiation remains justified because measures of constraint against property used for government non-commercial purposes intrude even further onto sovereign rights than the institution of proceedings before courts in the forum state. It is particularly difficult for states to protect assets and other property situated in a foreign state. These assets may therefore be more susceptible to abusive enforcement measures while simultaneously forming an essential basis for the actual conduct of international relations.The chapter concludes by advocating a cautious approach to individual reparations in cases of mass atrocities. This more cautious approach observes the complexities of ending armed conflicts and negotiating peace deals. An individual right to monetary compensation based on civil claims processes does not allow for taking into account broader political considerations related to establishing a stable post-war order. Such a right is conducive to bilateral settlements between the state parties concerned, which might create new injustices towards other groups of victims. It might also overburden negotiations for a settlement to an ongoing armed conflict.The chapter thereby starts from the assumption that the stability of the international legal order itself as guaranteed by concepts such as immunities or the respect for its judicial organs serves to protect human rights, albeit indirectly.
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Paulus, Andreas L. "Between a Rock and a Hard Place: Italian Concerns Between Constitutional Rights and International Law." In Remedies against Immunity?, 337–42. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_18.

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AbstractSentenza 238/2014 has led to a sharp dissonance between the international law of state immunity as interpreted by the International Court of Justice (ICJ) and Italian constitutional law as understood and applied by the Corte Costituzionale. While the interpretation and application by the Italian Constitutional Court (ItCC) of the access-to-courts provision in the Italian Constitution may not have been inevitable, this does not remove the need for finding a solution to the stalemate between international and domestic law. On the one hand, the easy solution, namely that the rejection of German state immunity from jurisdiction does not necessarily remove immunity from execution into German property, appears unlikely to be accepted by the ItCC because it would give stones rather than bread to the complainants and render court access a futile exercise. On the other hand, bringing Sentenza to its logical conclusion would result in Italy having to return to Germany what Italian courts took from her by requiring compensation—either by way of the general international law of restitutio in integrum, which the Corte Costituzionale has neither contemplated nor contradicted, or by way of the 1961 Treaty between Germany and Italy in which Italy promises to indemnify Germany against any further claims. Thus, a compromise would have to distinguish between full access to the Italian courts notwithstanding international immunity—as required by the ItCC—and substantive law, which could accept a more symbolical recognition of the suffering of the victims. That recognition could stem from a direct source other than the two states involved, such as a common fund, and address only the small group of immediate victims who were unjustly, if arguably legally, excluded from the previous compensation scheme of the 1960s. It is by no means certain, however, whether such an outcome would be acceptable to all sides—including the Corte itself. Thus, legal certainty would have to be established as quickly as possible so that the victims can still receive at least symbolic compensation.
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Zimmermann, Andreas. "Would the World Be a Better Place If One Were to Adopt a European Approach to State Immunity? Or, ‘Soll am Europäischen Wesen die Staatenimmunität Genesen’?" In Remedies against Immunity?, 219–33. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_12.

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AbstractThis chapter argues not only that there is no European Sonderweg (or ‘special way’) when it comes to the law of state immunity but that there ought not to be one. Debates within The Hague Conference on Private International Law in the late 1990s and those leading to the adoption of the 2002 UN Convention on Jurisdictional Immunities of States, as well as the development of the EU Brussels Regulation on Jurisdiction and Enforcement, as amended in 2015, all demonstrate that state immunity was not meant to be limited by such treaties but ‘safeguarded’. Likewise, there is no proof that regional European customary law limits state immunity when it comes to ius cogens violations, as Italy and (partly) Greece are the only European states denying state immunity in such cases while the European Court of Human Rights has, time and again, upheld a broad concept of state immunity. It therefore seems unlikely that in the foreseeable future a specific European customary law norm on state immunity will develop, especially given the lack of participation in such practice by those states most concerned by the matter, including Germany. This chapter considers the possible legal implications of the jurisprudence of the Italian Constitutional Court for European military operations (if such operations went beyond peacekeeping). These implications would mainly depend on the question of attribution: if one where to assume that acts undertaken within the framework of military operations led by the EU were to be, at least also, attributable to the troop-contributing member states, the respective troop-contributing state would be entitled to enjoy state immunity exactly to the same degree as in any kind of unilateral military operations. Additionally, some possible perspectives beyond Sentenza 238/2014 are examined, in particular concerning the redress awarded by domestic courts ‘as long as’ neither the German nor the international system grant equivalent protection to the victims of serious violations of international humanitarian law committed during World War II. In the author’s opinion, strengthening the jurisdiction of international courts and tribunals, bringing interstate cases for damages before the International Court of Justice, as well as providing for claims commissions where individual compensation might be sought for violations of international humanitarian law would be more useful and appropriate mechanisms than denying state immunity.
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de Waart, Paul J. I. M. "Embassy Employees and State Immunity: The 1982 ILA Draft." In International Law and The Hague’s 750th Anniversary, 111–16. The Hague: T.M.C. Asser Press, 1999. http://dx.doi.org/10.1007/978-90-6704-501-8_12.

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Tams, Christian J. "A Dangerous Last Line of Defence: Or, A Roman Court Goes Lutheran." In Remedies against Immunity?, 237–57. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_13.

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AbstractThe chapter addresses questions of international law implicated by Sentenza 238/2014. It begins by revisiting the longstanding debate about state immunity and its limits, arguing that notwithstanding decades of discussion, a ‘grave breaches’ exception has never had more than marginal support in positive international law. Against that background, it comes as no surprise that the Italian Constitutional Court (ItCC), in Judgment 238/2014, did not assert the existence of a grave breaches exception as a matter of international law. Instead, the ItCC relied on what might be termed a ‘foreign relations law’ approach, holding that Italian constitutional law required it not to give domestic effect to the international law of state immunity. This ‘foreign relations law’ approach offers a last line of defence for those seeking to limit the reach of rules of state immunity. As is set out in this chapter, it is an effective line of defence because international law does not ‘by itself, possess the force to amend or repeal internationally unlawful domestic (…) acts’ (Antonio Cassese). At the same time it is a dangerous line, as it risks weakening international law generally and not just in the area of immunity. This chapter suggests that, when read as a foreign relations law decision, Sentenza 238/2014 is not as such unusual: it is one of many decisions accepting some form of ‘constitutional override’ that limits the effects of international law within domestic legal orders. However, Sentenza 238/2014 stands out because—unlike other decisions—it seems to refuse international law any place in the construction of constitutional law: in the ItCC’s ‘separatist treatment’ (Kolb) international law is denied a directive function (‘Orientierungswirkung’); it is not factored into the equation. Seen in that light, Sentenza 238/2014 (counter-intuitively, for a ‘Roman’ decision) has a ‘Lutheran’ quality; it is informed by a stubborn ‘here I stand, I can do no other’ aspect, which limits the potential for a constructive dialogue between domestic and international judiciaries.
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Peters, Anne, and Valentina Volpe. "Reconciling State Immunity with Remedies for War Victims in a Legal Pluriverse." In Remedies against Immunity?, 3–35. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_1.

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AbstractThe chapter explains the threefold aspiration of the book as an academic, societal, and diplomatic project. It introduces the three interwoven themes of international law arising in the German-Italian saga: state immunity, reparation for serious human rights violations committed during World War II, and the interplay between international and domestic law, notably the role of courts therein. The chapter proposes an approach of ‘ordered pluralism’ to coordinate this interplay, and finally tables a ‘modest proposal’ for a way out of the current impasse.
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Schrevelius, Y. M. "Embassy Employees and State Immunity: The Attitude of Dutch Courts." In International Law and The Hague’s 750th Anniversary, 127–33. The Hague: T.M.C. Asser Press, 1999. http://dx.doi.org/10.1007/978-90-6704-501-8_14.

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Conference papers on the topic "International law and State immunity"

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Huixin Bai, Hongge Li, Shuguo Xie, and Donglin Su. "Design of low-voltage CMOS amplifier with high EMI immunity." In 2014 IEEE International Conference on Electron Devices and Solid-State Circuits (EDSSC). IEEE, 2014. http://dx.doi.org/10.1109/edssc.2014.7061280.

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Yabuuchi, Makoto, Toshiyuki Oashi, Keiji Hashimoto, Akio Sebe, Gen Okazaki, Katsuji Satomi, Hironori Akamatsu, et al. "A 45nm Low-Standby-Power Embedded SRAM with Improved Immunity Against Process and Temperature Variations." In 2007 IEEE International Solid-State Circuits Conference. IEEE, 2007. http://dx.doi.org/10.1109/isscc.2007.373426.

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Yang, Chao, Xiaorong Luo, Tao Sun, Dongfa Ouyang, Anbang Zhang, Zhaoji Li, and Bo Zhang. "Low On-state Voltage and Latch-up Immunity Thin SOI LIGBT with Multi-Segmented Trench Gates." In 2019 31st International Symposium on Power Semiconductor Devices and ICs (ISPSD). IEEE, 2019. http://dx.doi.org/10.1109/ispsd.2019.8757668.

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Chohan, I. S. "IMMUNE AND COAGULATION RESPONSES IN CHRONIC MOUNTAIN SICKNESS AT HIGH ALTITUDE." In XIth International Congress on Thrombosis and Haemostasis. Schattauer GmbH, 1987. http://dx.doi.org/10.1055/s-0038-1644889.

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Chronic mountain sickness (CMS), syndrome with manifestations of hypoventilation, hypoxemia, hyperviscosity, polycythemia, pulmonary hypertension, and right ventricular hypertrophy, is a recent history inthe western Himalyas (42675888 m asl). Six well defined subjects studied revealed: significant increasein fibrinogen (400±37 vs normal 275 ± 33 mg/dl), Hct(74.3±3.1 vs 45.2±3.2%) and Hb (23.1±2.6 vs 17.9±0.8g/dl); significant decrease in APTT (27.1±5.2 vs 54.6±7.9 sec), platelets (177.8±10.9 vs 197.4±19.3 thous/cmm), ELT (165±75 vs 399±48 min) and ESR (3.5±2.5 vs 6.0±3.5 mm/1 hr); and absolute eosinophil counts (465±69 vs 384±106). An accelerated Cell mediated immunity (CMI), in them, was evident by 'Spontaneous Flare', 4 + DNCB (di-nitro-chloroben- zene)-phenomenon and profuse lymphocyte recruitment in dermis.Theseresults indicate a state of hypercoagulability inCMS. Muscularisation and thrombosis of pulmonary arteris do occur in CMS. Accelerated CMI and augmented fibrinolytic activity in CMS account for its protracted course (8-25 months) to develop. Yogic breathing, acetazolamide, aspirin and evacuation to low heightshave a salutary effect. Steroids, medroxyprogesterone and phlebotomy bring reflief to these subjuects. Oxygen therapy, in CMS, has no role.
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Anshari, Tunggul. "Forming Legislation: Pluralism Between Adat Law and State Law." In 2018 International Conference on Energy and Mining Law (ICEML 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iceml-18.2018.75.

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Agustina, Enny. "The Action of Public Law by Agency or Officer State Administration that Violates the Law: State administrative law perspective." In Proceedings of the First International Conference on Administration Science (ICAS 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icas-19.2019.9.

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Khare, Mukesh, A. Mocuta, E. Leobandung, T. Chou, B. Linder, W. Rausch, P. Agnello, et al. "Plasma Charging Damage Immunity in SOI Devices." In 2000 International Conference on Solid State Devices and Materials. The Japan Society of Applied Physics, 2000. http://dx.doi.org/10.7567/ssdm.2000.lb-1-1.

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Muhammadun, Muhammadun, Oman Fathurohman, and Ferry Siregar. "Religion, State, and Law: Constitutional Limits of Islamic Law in National Law in Indonesia." In Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.1-7-2020.2303646.

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Qi, Shuhan. "State Responsibility of the Environmental Law." In 2015 International Conference on Education, Management, Information and Medicine. Paris, France: Atlantis Press, 2015. http://dx.doi.org/10.2991/emim-15.2015.182.

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Manukyan, Romela. "PRIVILEGES AND IMMUNITY OF FOREIGN MILITARY BASE AND PERSONNEL UNDER MODERN INTERNATIONAL LAW." In 44th International Academic Conference, Vienna. International Institute of Social and Economic Sciences, 2018. http://dx.doi.org/10.20472/iac.2018.044.028.

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Reports on the topic "International law and State immunity"

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Ayala, David, Ashley Graves, Colton Lauer, Henrik Strand, Chad Taylor, Kyle Weldon, and Ryan Wood. Flooding Events Post Hurricane Harvey: Potential Liability for Dam and Reservoir Operators and Recommendations Moving Forward. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, September 2018. http://dx.doi.org/10.37419/eenrs.floodingpostharvey.

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When Hurricane Harvey hit the Texas coast as a category 4 hurricane on August 25, 2017, it resulted in $125 billion in damage, rivaling only Hurricane Katrina in the amount of damage caused. It also resulted in the deaths of 88 people and destroyed or damaged 135,000 homes. Much of that devastation was the result of flooding. The storm dumped over 27 trillion gallons of rain over Texas in a matter of days. Some parts of Houston received over 50 inches of rainfall. The potential liability that dam and reservoir operators may face for decisions they make during storm and flooding events has now become a major concern for Texas citizens and its elected officials. Law suits have now been instituted against the federal government for its operation of two flood control reservoirs, as well as against the San Jacinto River Authority for its operation of a water supply reservoir. Moreover, the issues and concerns have been placed on the agenda of a number of committees preparing for the 2019 Texas legislative session. This report reviews current dam and reservoir operations in Texas and examines the potential liability that such operators may face for actions and decisions taken in response to storm and flooding events. In Section III, the report reviews dam gate operations and differentiates between water supply reservoirs and flood control reservoirs. It also considers pre-release options and explains why such actions are disfavored and not recommended. In Section IV, the report evaluates liabilities and defenses applicable to dam and reservoir operators. It explains how governmental immunity can limit the exposure of state and federally-run facilities to claims seeking monetary damages. It also discusses how such entities could be subject to claims of inverse condemnation, which generally are not subject to governmental immunity, under Texas law as well as under the Fifth Amendment to the U.S. Constitution. In addition, the Section discusses negligence and nuisance claims and concludes that plaintiffs asserting either or both of these claims will have difficulty presenting successful arguments for flooding-related damage and harm against operators who act reasonably in the face of storm-related precipitation. Finally, Section V offers recommendations that dam and reservoir operators might pursue in order to engage and educate the public and thereby reduce the potential for disputes and litigation. Specifically, the report highlights the need for expanded community outreach efforts to engage with municipalities, private land owners, and the business community in flood-prone neighborhoods both below and above a dam. It also recommends implementation of proactive flood notification procedures as a way of reaching and alerting as many people as possible of potential and imminent flooding events. Finally, the report proposes implementation of a dispute prevention and minimization mechanism and offers recommendations for the design and execution of such a program.
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Bolton, Laura. Criminal Activity and Deforestation in Latin America. Institute of Development Studies (IDS), December 2020. http://dx.doi.org/10.19088/k4d.2021.003.

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This review examines evidence on criminal deforestation activity in Latin America (particularly, but not exclusively the Amazon) and draws from the literature on the lessons learned in combatting criminal deforestation activity. This review focuses on Brazil as representative of the overwhelming majority of literature on criminal activity in relation to deforestation in the Amazon. The literature notes that Illegal deforestation occurs largely through criminal networks as they have the capacity for coordination, processing, selling, and the deployment of armed men to protect operations. Bribery, corruption, and fraud are deeply ingrained in deforestation. Networks may bribe geoprocessing experts, police, and public officials. Members of the criminal groups may become council members, mayors, and state representatives. Land titles are fabricated and trading documentation fraudulent. The literature also notes some interventions to combat this criminal deforestation activity: monitoring and law enforcement; national systems for registry and monitoring; legal enforcement for compliance of environmental law; International agreements and action; and Involving indigenous communities in combatting deforestation.
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ROCHEVA, OLGA, RIMMA ZARIPOVA, and IRINA MOROZOVA. СОВРЕМЕННОЕ РАЗВИТИЕ СЕВЕРНОГО МОРСКОГО ПУТИ И ЕГО ЗНАЧИМОСТЬ ДЛЯ ЭКОНОМИКИ РОССИИ. Science and Innovation Center Publishing House, 2019. http://dx.doi.org/10.12731/2070-7568-2020-4-4-208-214.

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Foreign transport structures are currently interested in transit and fuel transportation in the North. However this direction doesn’t get the development due to imperfection of the normative-legal base regulating this process and insufficient state support of the mainline work. Another important obstacle is the lack of consistency of domestic norms with the standards of international maritime law and low level of shipping safety, typical of our country.
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S. Abdellatif, Omar. Localizing Human Rights SDGs: Ghana in context. Raisina House, June 2021. http://dx.doi.org/10.52008/gh2021sdg.

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In September 2015, Ghana along all UN member states endorsed the Agenda 2030 Sustainable Development Goals (SDGs) as the cardinal agenda towards achieving a prosperous global future. The SDGs are strongly interdependent, making progress in all goals essential for a country’s achievement of sustainable development. While Ghana and other West African nations have exhibited significant economic and democratic development post-independence. The judiciary system and related legal frameworks, as well as the lack of rule law and political will for safeguarding the human rights of its citizens, falls short of considering violations against minorities. Will Ghana be able to localize human rights related SDGs, given that West African governments historically tended to promote internal security and stability at the expense of universal human rights? This paper focuses on evaluating the commitments made by Ghana towards achieving Agenda 2030, with a particular focus on the SDGs 10 and 16 relating to the promotion of reduced inequalities, peace, justice and accountable institutions. Moreover, this paper also analyzes legal instruments and state laws put in place post Ghana’s democratization in 1992 for the purpose of preventing discrimination and human rights violations in the nation. The article aims to highlight how Ghana’s post-independence political experience, the lack of rule of law, flaws in the judiciary system, and the weak public access to justice are obstacles to its effective localization of human rights SGDs. Those obstacles to Ghana’s compliance with SDGs 10 and 16 are outlined in this paper through a consideration of human rights violations faced by the Ghanaian Muslim and HIV minorities, poor prison conditions, limited public access to justice and the country’s failure to commit to international treaties on human rights. Keywords: Ghana, human rights, rule of law, security, Agenda 2030
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Einhorn, Robert, Dina Esfandiary, Anton Khlopkov, Grégoire Mallard, and Andreas Persbo. From the Iran nuclear deal to a Middle East Zone? Lessons from the JCPOA for the ME WMDFZ. Edited by Chen Zak and Farzan Sabet. The United Nations Institute for Disarmament Research, May 2021. http://dx.doi.org/10.37559/wmdfz/2021/jcpoa1.

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The Joint Comprehensive Plan of Action (JCPOA) explicitly states that it “should not be considered as setting precedents for any other state or for fundamental principles of international law.” However, its unique negotiations process, provisions, and implementation created an important set of tools that could provide valuable insights and lessons for a Middle East Weapons of mass Destruction Free Zone (ME WMDFZ). Understanding these tools in a regional context based on the JCPOA experience could provide ME WMDFZ negotiators and researchers important additional tools, ideas, and lessons learned on the road toward negotiating a Zone treaty. This series explores lessons from the JCPOA for the ME WMDFZ through essays focusing on five key themes, including the Iran nuclear deal’s negotiating process, structure and format; nuclear fuel cycle activities and research; safeguards and verification; nuclear cooperation; and compliance and enforcement.
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Devereux, Stephen. Policy Pollination: A Brief History of Social Protection’s Brief History in Africa. Institute of Development Studies (IDS), December 2020. http://dx.doi.org/10.19088/ids.2020.004.

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The relatively recent emergence and sustained rise of social protection as a policy agenda in Africa can be understood as either a nationally owned or ‘donor-driven’ process. While elements of both can be seen in different countries at different times, this paper focuses on the pivotal role of transnational actors, specifically international development agencies, as ‘policy pollinators’ for social protection. These agencies deployed a range of tactics to induce African governments to implement cash transfer programmes and establish social protection systems, including: (1) building the empirical evidence base that cash transfers have positive impacts, for advocacy purposes; (2) financing social protection programmes until governments take over this responsibility; (3) strengthening state capacity to deliver social protection, through technical assistance and training workshops; (4) commissioning and co-authoring national social protection policies; (5) encouraging the domestication of international social protection law into national legislation. Despite these pressures and inducements, some governments have resisted or implemented social protection only partially and reluctantly, either because they are not convinced or because their political interests are not best served by allocating scarce resources to cash transfer programmes. This raises questions about the extent to which the agendas of development agencies are aligned or in conflict with national priorities, and whether social protection programmes and systems would flourish or wither if international support was withdrawn.
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Megersa, Kelbesa. Tax Transparency for an Effective Tax System. Institute of Development Studies (IDS), January 2021. http://dx.doi.org/10.19088/k4d.2021.070.

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This rapid review examines evidence on the transparency in the tax system and its benefits; e.g. rising revenue, strengthen citizen/state relationship, and rule of law. Improvements in tax transparency can help in strengthening public finances in developing countries that are adversely affected by COVID-19. The current context (i.e. a global pandemic, widespread economic slowdown/recessions, and declining tax revenues) engenders the urgency of improving domestic resource mobilisation (DRM) and the fight against illicit financial flows (IFFs). Even before the advent of COVID-19, developing countries’ tax systems were facing several challenges, including weak tax administrations, low taxpayer morale and “hard-to-tax” sectors. The presence of informational asymmetry (i.e. low tax transparency) between taxpayers and tax authorities generates loopholes for abuse of the tax system. It allows the hiding of wealth abroad with a limited risk of being caught. Cases of such behaviour that are exposed without proper penalty may result in a decline in the morale of citizens and a lower level of voluntary compliance with tax legislation. A number of high-profile tax leaks and scandals have undermined public confidence in the fairness of tax systems and generated a strong demand for effective counteraction and tax transparency. One of the key contributing factors to lower tax revenues in developing countries (that is linked to low tax transparency) is a high level of IFFs. These flows, including international tax evasion and the laundering of corruption proceeds, build a major obstacle to successful DRM efforts. Research has also identified an association between organisational transparency (e.g. transparency by businesses and tax authorities) and stakeholder trust (e.g. between citizens and the state). However, the evidence is mixed as to how transparency in particular influences trust and perceptions of trustworthiness.
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