Immunities In The Age Of Global Constitutionalism

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Immunities in the Age of Global Constitutionalism

Anne Peters,Evelyne Lagrange,Stefan Oeter,Christian Tomuschat
Immunities in the Age of Global Constitutionalism Book PDF

Author : Anne Peters,Evelyne Lagrange,Stefan Oeter,Christian Tomuschat
Publisher : Martinus Nijhoff Publishers
Page : 378 pages
File Size : 49,8 Mb
Release : 2015-01-27
Category : Law
ISBN : 9789004251632

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Immunities in the Age of Global Constitutionalism by Anne Peters,Evelyne Lagrange,Stefan Oeter,Christian Tomuschat Pdf

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 consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’. Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of 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.

Remedies against Immunity?

Valentina Volpe,Anne Peters,Stefano Battini
Remedies against Immunity Book PDF

Author : Valentina Volpe,Anne Peters,Stefano Battini
Publisher : Springer Nature
Page : 427 pages
File Size : 42,6 Mb
Release : 2021-04-08
Category : Law
ISBN : 9783662623046

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Remedies against Immunity? by Valentina Volpe,Anne Peters,Stefano Battini Pdf

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.

Sovereign Immunity Under Pressure

Régis Bismuth,Vera Rusinova,Vladislav Starzhenetskiy,Geir Ulfstein
Sovereign Immunity Under Pressure Book PDF

Author : Régis Bismuth,Vera Rusinova,Vladislav Starzhenetskiy,Geir Ulfstein
Publisher : Springer Nature
Page : 485 pages
File Size : 54,8 Mb
Release : 2022-01-19
Category : Law
ISBN : 9783030877064

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Sovereign Immunity Under Pressure by Régis Bismuth,Vera Rusinova,Vladislav Starzhenetskiy,Geir Ulfstein Pdf

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.

Bibliography of the International Court of Justice

International Court of Justice
Bibliography of the International Court of Justice Book PDF

Author : International Court of Justice
Publisher : Unknown
Page : 345 pages
File Size : 45,6 Mb
Release : 2022
Category : Electronic
ISBN : 9789210012584

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Bibliography of the International Court of Justice by International Court of Justice Pdf

This publication contains bibliographical details of works concerning or making reference to the International Court of Justice that were published between 2014 to 2016 and received by the Registry of the Court.

How International Law Works in Times of Crisis

George Ulrich,Ineta Ziemele
How International Law Works in Times of Crisis Book PDF

Author : George Ulrich,Ineta Ziemele
Publisher : Oxford University Press, USA
Page : 369 pages
File Size : 52,6 Mb
Release : 2019
Category : Law
ISBN : 9780198849667

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How International Law Works in Times of Crisis by George Ulrich,Ineta Ziemele Pdf

For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

European International Law Traditions

Peter Hilpold
European International Law Traditions Book PDF

Author : Peter Hilpold
Publisher : Springer Nature
Page : 339 pages
File Size : 44,8 Mb
Release : 2020-11-20
Category : Law
ISBN : 9783030520281

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European International Law Traditions by Peter Hilpold Pdf

​International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. /divChapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

The Cambridge Handbook of Immunities and International Law

Tom Ruys,Nicolas Angelet,Luca Ferro
The Cambridge Handbook of Immunities and International Law Book PDF

Author : Tom Ruys,Nicolas Angelet,Luca Ferro
Publisher : Cambridge University Press
Page : 128 pages
File Size : 48,6 Mb
Release : 2019-04-30
Category : Law
ISBN : 9781108284998

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The Cambridge Handbook of Immunities and International Law by Tom Ruys,Nicolas Angelet,Luca Ferro Pdf

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.

The Private-Public Law Divide in International Dispute Resolution

Burkhard Hess
The Private Public Law Divide in International Dispute Resolution Book PDF

Author : Burkhard Hess
Publisher : BRILL
Page : 336 pages
File Size : 50,5 Mb
Release : 2018-08-21
Category : Law
ISBN : 9789004384903

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The Private-Public Law Divide in International Dispute Resolution by Burkhard Hess Pdf

This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.

International Law Immunities and Employment Claims

Pierfrancesco Rossi
International Law Immunities and Employment Claims Book PDF

Author : Pierfrancesco Rossi
Publisher : Bloomsbury Publishing
Page : 296 pages
File Size : 43,8 Mb
Release : 2021-12-02
Category : Law
ISBN : 9781509952991

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International Law Immunities and Employment Claims by Pierfrancesco Rossi Pdf

This book provides the first comprehensive analysis of the international law regime of jurisdictional immunities in employment matters. Three main arguments lie at its heart. Firstly, this study challenges the widely held belief that international immunity law requires staff disputes to be subject to blanket or quasi-absolute immunity from jurisdiction. Secondly, it argues that it is possible to identify well-defined standards of limited immunity to be applied in the context of employment litigation against foreign states, international organizations and diplomatic and consular agents. Thirdly, it maintains that the interaction between the applicable immunity rules and international human rights law gives rise to a legal regime that can provide adequate protection to the rights of employees. A much-needed study into an under-researched field of international and employment law.

Jurisdictional Immunities of States and International Organizations

Edward Chukwuemeke Okeke
Jurisdictional Immunities of States and International Organizations Book PDF

Author : Edward Chukwuemeke Okeke
Publisher : Oxford University Press
Page : 409 pages
File Size : 51,7 Mb
Release : 2018
Category : Law
ISBN : 9780190611231

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Jurisdictional Immunities of States and International Organizations by Edward Chukwuemeke Okeke Pdf

This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of State immunity. The major aim of this book is to clarify the conceptual confusion that has often marred the understanding of the law of the, different but interrelated, jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. The author intends to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.

Research Handbook on Jurisdiction and Immunities in International Law

Alexander Orakhelashvili
Research Handbook on Jurisdiction and Immunities in International Law Book PDF

Author : Alexander Orakhelashvili
Publisher : Edward Elgar Publishing
Page : 560 pages
File Size : 48,7 Mb
Release : 2015-10-30
Category : LAW
ISBN : 9781783472185

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Research Handbook on Jurisdiction and Immunities in International Law by Alexander Orakhelashvili Pdf

This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state’s citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.

Access to Justice and International Organisations

Rishi Gulati
Access to Justice and International Organisations Book PDF

Author : Rishi Gulati
Publisher : Cambridge University Press
Page : 255 pages
File Size : 48,8 Mb
Release : 2022-03-17
Category : Law
ISBN : 9781108837545

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Access to Justice and International Organisations by Rishi Gulati Pdf

This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.

The Handbook of the Law of Visiting Forces

Dieter Fleck
The Handbook of the Law of Visiting Forces Book PDF

Author : Dieter Fleck
Publisher : Oxford University Press
Page : 801 pages
File Size : 40,6 Mb
Release : 2018
Category : Law
ISBN : 9780198808404

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The Handbook of the Law of Visiting Forces by Dieter Fleck Pdf

"Offers a comparative commentary to the UN, NATO, and other SOFA rules. It then continues its analysis through cases studies of Visiting Forces in key countries, including a fully updated chapter on Iraq, before offering conclusions on the current state of the law and its likely future development"--Abstract

The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies

August Reinisch
The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies Book PDF

Author : August Reinisch
Publisher : Oxford University Press
Page : 930 pages
File Size : 40,9 Mb
Release : 2016-03-24
Category : Law
ISBN : 9780191062063

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The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies by August Reinisch Pdf

The Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies entered into force more than 60 years ago. This Commentary offers for the first time a comprehensive discussion covering both Conventions in their entirety, providing an overview of academic writings and jurisprudence for a legal field of particular practical relevance and gives both the academic researcher as well as the practitioner a unique source to understand the complexity of legal issues that the UN, its Specialized Agencies, their officials, Member States' representatives, and experts face in today's world.

A Landscape of Contemporary Theories of International Law

Emmanuel Roucounas
A Landscape of Contemporary Theories of International Law Book PDF

Author : Emmanuel Roucounas
Publisher : BRILL
Page : 731 pages
File Size : 49,5 Mb
Release : 2019-09-16
Category : Law
ISBN : 9789004385368

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A Landscape of Contemporary Theories of International Law by Emmanuel Roucounas Pdf

The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.