Remedies Against Immunity? : Reconciling International and Domestic Law after the Italian Constitutional Court's Sentenza 238/2014
Book information
Description
The open access book examines the consequences of the Italian Constitutional Court's Judgment 238/2014 which denied the German Republic's immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book's three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler's Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Similar books
MySQL® Notes for Professionals book
2018 · PDF
MrExcel 2022: Boosting Excel
2022 · PDF
MrExcel 2022: Boosting Excel
2022 · PDF
Session C11: Ancient Cultural Landscapes in South Europe – their Ecological Setting and Evolution, Session C22: Gardeners from South America, Session S04: Agro-Pastoralism and Early Metallurgy Sessions, Session WS29: The Idea of Enclosure in Recent Iberian Prehistory, Session C88: Rhytmes et causalites des dynamiques de l'anthropisation en Europe entre 6500 ET 500 BC: Hypotheses socio-culturelles et/ou climatiques: Proceedings of the XV UISPP World Congress (Lisbon 4-9 September 2006) / Actes du XV Congrès Mondial (Lisbonne 4-9 Septembre 2006) Vol.36
2010 · PDF
THE BRITISH ARMY IN INDIA: ITS PRESERVATION BY AN APPROPRIATE CLOTHING, HOUSING, LOCATING, RECREATIVE EMPLOYMENT, AND HOPEFUL ENCOURAGEMENT OF THE TROOPS. with AN APPENDIX ON INDIA : THE CLIMATE OP ITS HILLS ; THE DEVELOPMENT OF ITS RESODRCBS, INDUSTRY, AND ARTS ; THE ADMINISTRATION OF JUSTICE ; THE BLACK ACT ; THE PROGRESS OF CHRISTIANITY ; THE TRAFFIC IN OPIUM ; THE VALUE OF INDIA ; PERMANENT CAUSES OF DISAFFECTION, AND OF THE RECENT REBELLION ; THE TRADITIONARY POLICY; MISGOVERNMENT BY NATIVE RULERS ; ANNEXATIONS OF THEIR TERRITORY, ETC.
1858 · PDF
Idries Shah 27 Books Collection : A Perfumed Scorpion, A Veiled Gazelle, Caravan of Dreams, Darkest England, Destination Mecca, Evenings with Idries Shah, Knowing How to Know, Learning How to Learn, Letters and Lectures of Idries Shah, Neglected aspects of Sufi study, Observations, Oriental Magic, Reflections, Seeker after Truth, Special Illumination, Special Problems in the study of Sufi ideas, Sufi thought and action, Tales of the Dervishes, The Dermis Probe, The Elephant in the Dark, The Englishman Handbook, Idries Shah Antology, The Magic Monastery, The natives are restless, wisdom of the Idiots PDF.
2022 · PDF
The travels of Capts. Lewis and Clarke from St. Louis, by way of the Missouri and Columbia rivers, to the Pacific ocean; performed in the years 1804, 1805 & 1806, by order of the government of the United States. Containing delineations of the manners, customs, religion, &c. of the Indians, comp. from various authentic sources, and original documents, and a summary of the Statistical view of the Indian nations, from the official communication of Meriwether Lewis. Illustrated with a map of the country, inhabited by the western tribes of Indians
1809 · PDF
Professional Linux kernel architecture ''Wrox programmer to programmer''--Cover. - ''What you are reading right now is the result of an evolution over more than seven years: After two years of writing, the first edition was published in German by Carl Hanser Verlag in 2003. It then described kernel 2.6.0. The test was used as a basis for the low-level design documentation for the EAL4+ security evaluation of Red Hat Enterprise Linux 5, requiring to update it to kernel 2.6.18 (if the EAL acronym does not mean anything to you, then Wikipedia is once more your friend). Hewlett-Packard sponsored the translation into English and has, thankfully, granted the rights to publish the result. Updates to kernel 2.6.24 were then performed specifically for this book''--P. ix
2008 · PDF