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Jurisprudence Analysis Of The Case German V. Italy In The International Court Of Justice 2008

Posted on:2017-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:Z N ChenFull Text:PDF
GTID:2296330485452463Subject:Law
Abstract/Summary:PDF Full Text Request
February 3, 2012, against Germany v. Italy "jurisdictional immunities of States’ case, the International Court of Justice to make the appropriate decision. The International Court of Justice’s approach was announced, it became one of the international legal community Strategies for effective national human rights protection exemption rules conflict with the process. During the handling of the case, whether it is from the German point of view, or from the Italian point of view, which are carrying whether international law of human rights protection be waived on the key elements for the corresponding national discussion and debate. From the judgment of the Court, its judges comments directly reflects the point of view of international law on state immunity appropriate, but also made some progress in the process of international immunities different points of view, conflicts, and the corresponding solutions. With Analysis Italian domestic court case in Germany in World War II victims to sue not only the subject of research in the field during a key element, but also fully embodies the making between State immunity and human rights protection rules conflict reasonable problem solving corresponding Countermeasures.State immunity rules of modern international law during the most critical and most important and most complex content. Exempt national jurisdiction has become the country at the time of prosecution can successfully claim the country from the jurisdiction of foreign courts, in order to achieve equality and effective measures to maintain the appropriate rights. In regard to the theory and countermeasures among the most important case is that the victims of World War II in Italy Italy national courts v German Government and the international Court of Justice v. Italy the two cases, the two cases is by far the national human rights protection and exemption rules conflict most concentrated expression.State immunity and human rights protection has been very mature theoretical research on the case there are quite a lot of discussion. However, analysis and theory of the case is not just the starting point of this article, and also focuses on whether a series of principles established in the case of how to use in subsequent cases, this may be for our country to solve historical issues have a certain significance. For example, in the Japanese invaders victims resolve civil claims and other issues to resolve some inspiration.In this paper, the process of conducting the study, combined with the Italian national courts also conduct in-depth discussion on the analysis of World War II victims sued the German case, hope can be discussed on the case of State immunity rules conflict with human rights protection, the relevant jurisprudence, discusses and scholars have a better view of the comb.
Keywords/Search Tags:International law, State immunity, Human rights protection, Conflict, Problem discussion
PDF Full Text Request
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