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The Human Rights Challenge to Immunity in International Law (Hardcover, 1st ed. 2022)
Loot Price: R2,973
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The Human Rights Challenge to Immunity in International Law (Hardcover, 1st ed. 2022)
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This book focuses on the tension between the protection of human
rights recognised as jus cogens (peremptory) norms, on the one
hand, and the bestowal of immunity on the state and its
representatives, on the other, to ascertain how these immunities
can be eroded, if not fully abolished, to maintain full protection
of jus cogens human rights under international law. The book argues
that immunity should not equate to impunity when violations of jus
cogens human rights are committed by States, Heads of State, or
diplomatic agents. To make the case, the organic structures of the
concepts of sovereignty and fundamental human rights are examined.
Then, the human rights-based challenge to immunity is presented
with respect to State, Head of State and diplomatic immunity, and
the transition from a state-centric system to a human-centric
system is explored. Jus cogens norms are at the centre of the
impunity versus immunity debate.
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