State Immunity and the Violation of Human RightsMartinus Nijhoff Publishers, 01.01.1997 - 242 Seiten The field of international human rights has been one of the most prominent and dynamic areas of public international law in recent decades. At the same time the law of state immunity, albeit less prominent, has also been subjected to a process of dynamic change. The principle of absolute immunity of states from the adjudicatory jurisdiction of foreign states has been replaced by a restrictive concept under which foreign states can be sued under certain circumstances. The violation of fundamental human rights by foreign states is, however, still widely regarded as immunity- protected conduct, be it because such violations must be considered as governmental acts ("acta jure imperii") or because the violations were committed outside the territory of the foreign state. Consequently, it is often impossible for the victim of such violations to bring damage proceedings against the foreign state based on municipal (tort) law in a municipal court. The present study attempts to demonstrate that international law does not "per se" demand that foreign states be granted immunity in such cases. The current state of international immunity law as evidenced by state practice and the work of several international learned bodies is surveyed extensively. It is shown that the granting of immunity may contradict the procedural guarantees of the European Convention of Human Rights. The impact of human rights law on the traditional concept of diplomatic protection is described. The study concludes that a further restriction of the immunity privilege is necessary, and criteria are offered to distinguish between violations of human rights which should remain immunity-protected and violations where the interestof the perpetrating state to remain immune from foreign jurisdiction must yield to the interest of the injured individual to obtain adequate redress. |
Inhalt
INTRODUCTION | 1 |
State Immunity and Related Immunities and Privileges | 24 |
Related Concepts | 33 |
THE CURRENT LEGAL SITUATION | 51 |
The SIA of the United Kingdom | 84 |
Australia | 96 |
Jurisprudence in Countries without Immunity Statutes | 103 |
The European Convention on State Immunity | 119 |
Practical Effects of the Increased Significance of Human Rights | 150 |
The European Convention on Human Rights | 160 |
RECONCILING HUMAN RIGHTS AND STATE | 189 |
An Attempt to Reevaluate Fundamental Individual Interests | 196 |
Different Solutions for Different Types of Human Rights | 204 |
SUMMARY | 217 |
BIBLIOGRAPHY | 225 |
239 | |
Draft Proposals for Multilateral Conventions | 125 |
DEVELOPING THE CASE AGAINST IMMUNITY | 143 |
Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
13 ECHR act or omission act-of-state doctrine acta jure gestionis acta jure imperii action alleged Amerada Hess apply Brownlie civil claim commercial activities exception Commission concept constitute consular immunity context contract Cour de Cassation Court of Appeals customary international law damages decision defendant diplomatic immunity diplomatic protection effect EPIL European Convention exception to immunity exercise expropriation F.Supp Federal Republic FSIA fundamental human rights Germany Heß human rights violations immu Immunity Act Immunity Act 1978 immunity exception immunity privilege implied waiver international human rights international law Iran ISBN judgment jurisdictional immunity jus cogens municipal courts munity nity norms obligations party Peña-Irala plaintiff principle Princz problem procedural proceedings question regard Republic of Germany Saudi Arabia Siderman sovereign immunity state's statutes territorial nexus requirement tion tortious conduct torts exception torture treaty United Kingdom violation of international Völkerrecht
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