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Author: Maria Marinello
Publisher:
ISBN:
Category :
Languages : it
Pages :
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Author: Maria Marinello
Publisher:
ISBN:
Category :
Languages : it
Pages :
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Author: Valentina Volpe
Publisher: Springer Nature
ISBN: 3662623048
Category : Law
Languages : en
Pages : 427
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Book 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.
Author: Régis Bismuth
Publisher: Springer Nature
ISBN: 303087706X
Category : Law
Languages : en
Pages : 485
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Book Description
This book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States. Part I, Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes, deals with the diversity of existing regimes of State immunity at the national level. This part aims to explore different approaches of particular states to sovereign immunity and their general attitude to international law, and attempts to understand why some States favour a weaker State immunity regime by multiplying exceptions or interpreting them broadly, while others continuously support a stronger one and sometimes rely on the doctrine of absolute immunity. Part II, International Customary Law of Sovereign Immunity, Human Rights and Counter-Terrorism, highlights how human rights and counter-terrorism have shaped the law and practice of sovereign immunity. This part specifically discusses the role of national legislators and judges in the development of international law, emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights, and possible ways of their reconciliation. Part III, Sovereign Immunity of States and their Financial Obligations, contributes to on-going debates related to the mixed and complex nature of States’ financial obligations. In this part, authors elaborate on perceptions of the underlying public-private law divide, cross influences in public and private international law and their consequences for State immunity, as well as recent trends relating to immunity from execution.
Author: Gerald M. Sider
Publisher: University of Toronto Press
ISBN: 9780802078834
Category : Social Science
Languages : en
Pages : 332
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Book Description
This collection of case studies from around the world uses a new approach in historical anthropology, one that focuses on heterogeneity within cultures rather than coherence to explain how we commemorate certain events, while silencing others.
Author: Jeffrey Jowell
Publisher: Bloomsbury Publishing
ISBN: 1847313159
Category : Law
Languages : en
Pages : 212
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Book Description
Human rights are brought to life by a number of defining principles. This text explores each of those principles in depth through comprehensive,informative and provocative papers written by prominent and distinguished practitioners and legal academics. These papers were first delivered at a series of seminars organised by JUSTICE and University College London. Contents: Foreword by the Hon. Mr Justice Richards Introduction by Jeffrey Jowell QC and Jonathan Cooper The concept of a lawful interference with fundamental rights - Helen Mountfield Identifying the principles of proportionality - Michael Fordham and Thomas de la Mare Dertermining civil rights and obligations - Javan Herberg, Andrew le Sueur and Jane Mulcahy Positive obligations under the Convention - Keir Starmer The horizontal effect of the Human Rights Act: moving beyond the public-private distinction - Murray Hunt The place of the Human Rights Act in a democratic society - Rabinder Singh Part of the Justice Series.
Author: Jane K. Cowan
Publisher: Cambridge University Press
ISBN: 9780521797351
Category : Law
Languages : en
Pages : 276
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Book Description
Part I: Setting universal rights
Author: Joanne R. Bauer
Publisher: Cambridge University Press
ISBN: 9780521645362
Category : Law
Languages : en
Pages : 412
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Book Description
This book identifies the more persuasive contributions by East Asian intellectuals to the international human rights debate.
Author: Robert Hutchinson
Publisher: Macmillan
ISBN: 0312368224
Category : Biography & Autobiography
Languages : en
Pages : 413
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Author: Frank J. Coppa
Publisher: SUNY Press
ISBN: 9780791401859
Category : Religion
Languages : en
Pages : 312
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Book Description
Coppa provides the first full-length study of Giacomo Antonelli, friend and advisor to Pope Pius IX (Pio Nono) and his Secretary of State and chief minister from 1849 to 1876. Based on the documents of the secret Vatican Archives, and neglected family papers in the State Archive in Rome, the book gives an important reevaluation of this key diplomatic figure, separating the man from the myth and delving into his character and policies. The book examines both the personality and policies of the Cardinal, who was seen to be the Popes Richelieu and Mazarin combined. Confronting the polemical literature which has charged him with sexual misconduct and venality, the study examines his early formation and career, the inspiration for his European policies, his relationship to Pio Nono, and the part he played in the Counter-Risorgimento and the Papal reaction. By improving our understanding of Papal, Italian, and European developments during these crucial decades, this study provides new insights into Romes fortress mentality and its rejection of the main currents that were transforming western life currents that influenced not only the Catholic Church but European society as a whole.
Author: John Brewer
Publisher: Harvard University Press
ISBN: 9780674809307
Category : History
Languages : en
Pages : 316
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Book Description
John Brewer provides a new framework for understanding Britain's emergence in the eighteenth century as a major international power. Warfare and taxes reshaped the English economy, but at the heart of these dramatic changes lay a tension between the nation's aspirations to be a major power and fear of the domestic consequences: the loss of liberty.
