<abstract xmlns="http://www.w3.org/1999/xhtml"><p> Presented article contributes to the extensive discussion over the mutual relationship between serious human rights violations (violation of ius cogens) and the law of state immunity. Th e structure of article derives from the argumentation presented by Germany and Italy in current dispute before the International Court of Justice. Author focuses his attention on delimitation of existing international legal framework and particularly on assessment of friction areas in German and Italian submissions. Three separate issues are analyzed: temporal, territorial and material.</p></abstract>

Presented article contributes to the extensive discussion over the mutual relationship between serious human rights violations (violation of ius cogens) and the law of state immunity. Th e structure of article derives from the argumentation presented by Germany and Italy in current dispute before the International Court of Justice. Author focuses his attention on delimitation of existing international legal framework and particularly on assessment of friction areas in German and Italian submissions. Three separate issues are analyzed: temporal, territorial and material.

Serious Human Rights Violations – Eclipse or Mere Twilight of State Immunity?

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Presented article contributes to the extensive discussion over the mutual relationship between serious human rights violations (violation of ius cogens) and...

Serious Human Rights Violations – Eclipse or Mere Twilight of State Immunity?

Publié en ligne: 24 janv. 2018

Pages: 63 - 78

DOI: https://doi.org/10.1515/iclr-2016-0104

Mots clés
State immunity, human rights violations, ius cogens

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Serious Human Rights Violations – Eclipse or Mere Twilight of State Immunity?

Publié en ligne: 24 janv. 2018

Pages: 63 - 78

DOI: https://doi.org/10.1515/iclr-2016-0104

Mots clésState immunity, human rights violations, ius cogens

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Mots clés
State immunity, human rights violations, ius cogens