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Immunities of States and their officials in contemporary international law - Pavel Šturma, Katarína Chovancová, Katarína Šmigová, Jaroslav Větrovský

Mezinárodní právo

Cena s DPH:250.00 Kč
Autor:Pavel Šturma a kolektiv
ISBN/ISSN:9783946915058
ks

OBSAH/CONTENTS

PREFACE

1. Immunities in Contemporary International Law
1.1 Jurisdiction and immunity
1.2 Delimiting the subject of the book
1.3 Contradiction between the protection of State sovereignty
1.4 Contradiction between the protection of a State and the protection of human rights
1.5 Contradiction between the procedural nature of immunity and the relevance of substantive rules
1.6 Contradiction between the assertion of immunity in international law and its contestation on national level
1.7 Conclusion: How to get out from the impasse?

2. Jurisdictional Immunities of a State Applied by National Courts
2.1 Several Types of Immunities within International Law
2.2 Jurisdictional Immunities of a State and Exceptions to it
2.3 Sources of Jurisdictional Immunities of a State
2.4 Decision of the International Court of Justice on Jurisdictional Immunities of the State
2.5 Jurisdictional Immunities of a State and the Constitutional Court of Italy
2.6 Jurisdictional Immunities of a State and the British Courts
2.7 Jurisdictional Immunities of a State and the Canadian Courts
2.8 Jurisdictional Immunities of a State and other International Law Ways of Having Victims Compensated
2.9 Conclusion

3. State Immunity versus an Individual’s Right to a Fair Trial in the Case˗Law of the European Court of Human Rights
3.1 Trends and achievements in the ECtHR’ case law on State immunity
3.2 Exposed reason and hidden choices: a hermeneutic investigation into the meaning of the Al-Adsani judgement
3.3 Conclusion

4. State Immunity in International Arbitration
4.1 Introduction and the Basic Characteristics
4.2 Waiver of Sovereign Immunity as a Golden Rule (A Sketchy Sneak˗Peek through Reality ˗ Unveiled)
4.3 Current Issues
4.4 Conclusion

5. Immunity of State Officials from Foreign Criminal Jurisdiction
5.1 Survey of selected cases
5.2 Current work of the ILC
5.3 Functional immunities and exceptions to functional immunities
5.4 Procedural aspects of immunities
5.5 Conclusion