The (at the time of publication) pending dispute between Germany and Italy before the ICJ on the issue of jurisdictional immunities of the state beared on the at the time much debated question on whether a state having committed a violation of jus cogens loses its immunity from civil jurisdiction abroad., as maiontained by the Italian Court of Cassation. The article aimed to demonstrate the untenability of the Italian position, not only under current customary international law but also in a perspective de lege ferenda.
The dispute on jurisdictional immunities of the State before the ICJ: is the time ripe for a change of the law?
GATTINI, ANDREA
2011
Abstract
The (at the time of publication) pending dispute between Germany and Italy before the ICJ on the issue of jurisdictional immunities of the state beared on the at the time much debated question on whether a state having committed a violation of jus cogens loses its immunity from civil jurisdiction abroad., as maiontained by the Italian Court of Cassation. The article aimed to demonstrate the untenability of the Italian position, not only under current customary international law but also in a perspective de lege ferenda.File in questo prodotto:
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