A Dangerous Last Line of Defence – Or: A Roman Court Goes Lutheran

22 Pages Posted: 14 Dec 2017

See all articles by Christian J. Tams

Christian J. Tams

University of Glasgow, School of Law

Date Written: December 11, 2017

Abstract

The paper comments on Decision 238/2014 of the Italian Constitutional Court, in which the Italian Constitutional Court addressed the tension between human rights and State immunity. Its focus is on the reasoning adopted by the Italian Constitutional Court, which relied on Italian 'foreign relations law' to avoid giving effect to the international legal rules on State immunity.

Keywords: state immunity, human rights, jus cogens, domestic courts, ICJ

Suggested Citation

Tams, Christian J., A Dangerous Last Line of Defence – Or: A Roman Court Goes Lutheran (December 11, 2017). Available at SSRN: https://ssrn.com/abstract=3086287 or http://dx.doi.org/10.2139/ssrn.3086287

Christian J. Tams (Contact Author)

University of Glasgow, School of Law ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/christiantams/

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