|
Showing 1 - 2 of
2 matches in All Departments
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.
|
You may like...
Higher
Michael Buble
CD
(1)
R487
Discovery Miles 4 870
Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.