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Sovereign Immunity and the International Court of Justice: The State System Triumphant

35 Pages Posted: 29 Aug 2012 Last revised: 17 Oct 2012

Paul B. Stephan III

University of Virginia School of Law

Date Written: August 1, 2012

Abstract

This paper, presented to the 25th Sokol Colloquium on Private International Law in April 2012, and slated for publication in a forthcoming book resulting from the Colloquium, discusses the International Court of Justice’s judgment in Jurisdictional Immunities of the State (Germany v. Italy). It locates the decision in the context of an ongoing debate over the exclusive role of states in the creation of international law. It argues that the decision provides a strong endorsement of the monopoly of states over the production of international law and speculates as to why an international tribunal such as the Court is more likely to take this stance than is a national court, such as Italy’s Corte Suprema di Cassazione.

Keywords: sovereign immunity, international court of justice, human rights, customary international law

Suggested Citation

Stephan, Paul B., Sovereign Immunity and the International Court of Justice: The State System Triumphant (August 1, 2012). Virginia Public Law and Legal Theory Research Paper No. 2012-47. Available at SSRN: https://ssrn.com/abstract=2137805

Paul B. Stephan III (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States
434-924-7098 (Phone)
434-924-7536 (Fax)

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