A Dangerous Last Line of Defence – Or: A Roman Court Goes Lutheran
22 Pages Posted: 14 Dec 2017
Date Written: December 11, 2017
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
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