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Of Plumbers and Social Architects: Elements and Problems of the Judgment of the International Court of Justice in Jurisdictional Immunities of States

agosto 17, 2013

I have uploaded a new paper on the Judgment of the International Court of Justice in Jurisdictional Immunities of States (2012). It was written for the Conference ‘The ICJ’s Judicial Year in Review’, which took place in 25-26 April 2013 at the European University Institute. The conference was superbly directed by professors Andreas Zimmermann and Eyal Benvenisti. Here is the abstract of the paper which will be publish with the rest of the presentations in the next issue of the Journal of International Dispute Settlement (October 2013).

Of Plumbers and Social Architects: Elements and Problems of the Judgment of the International Court of Justice in Jurisdictional Immunities of States

Carlos Espósito

Abstract

This analysis of the judgment of the International Court of Justice in the Jurisdictional Immunities case is conducted in two parts. The first briefly presents the basic elements of the judgment of the Court in Jurisdictional Immunities of the State (Germany v Italy: Greece intervening); the second part identifies and discusses some problems raised by the judgment. These include the legal character of the rule of state immunity, the limits of the positivist methodology to establish state practice as evidence of customary international law and its exceptions, and the troubles with a strictly procedural approach to consider a possible exception to immunity for serious violations of international law and international humanitarian law. The comment concludes with a brief general assessment of the judgment of the Court, its role and the future development of the law of state immunities by national courts.

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