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An Analysis Of International Law In German -

Posted on:2016-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2206330479955196Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In this paper, the case of Germany v Italy, the basic facts as the basis, focus on analysis related claims in Germany and Italy, and defense in the case of the development process, and by the decision and reasoning process to expand the International Court of Justice on the case throughout the country always immunity strong criminal law issues and international issues discussed.Therefore,this paper will specifically addressed from the following four parts to explain Germany v. Italy case.The first chapter is a brief introduction about the cases reason and the merits. This is the starting point and basis for the entire thesis. This article is a piece of analytical papers, settled on the basis of the analysis of the merits of the relevant facts and evidence. Therefore, a brief analysis on the implications of the case, summarize, in order to find out about the focus of controversy, targeted to start on.The second chapter focuses on the case of the controversy core that the German federal government in violation of international jus cogens could also advocated national immunity protection, in this chapter Italy made two defenses, the International Court of defense against Italy one by one to respond to explain.Chapter III for the International Court of Justice for the Italian defense in the most talked about issue is the relationship between the jus cogens and the state immunity law. Starting classified national immunity, then put forward to specifically clarifies of jurisdictional immunities and exemptions perform.secondly, analyze the national immunity and international jus cogens from legal hierarchy, the procedural and substantive aspects of the legislative purpose and actual usefulness of specific analysisThe purpose of the analysis is not only the cause in order to understanding of the case,analyze the legal basis, legal advocates and current practices of international law, should contact our law on the basis of actual, and get some inspiration. Therefore, in the last chapter of this paper will come out from the relationship between national immunity and international jus cogens impact on China, and the future development of both prospected.
Keywords/Search Tags:International court, The State immunity, Jus cogens, Rights protection, Rights conflict
PDF Full Text Request
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