Free The State Immunity Controversy in International Law
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Published on: 2005-12-05
Released on: 2005-12-05
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The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal. Furthermore, the state never acts as a juridical or natural person and, therefore, in logical terms, its functions cannot be divided into potere politico and persona civile, as a prelude to determine jurisdiction. The said Italian doctrine therefore is ex facie erroneous, and that a simple dichotomy between absolute immunity and restrictive immunity wholly predicated on the nature test alone would not be helpful in promoting justice. Hence, arbitration and comparative dominant theory are suggested instead in the resolution of this elusive problem. International Law: Waiver of Sovereign Immunity INTERNATIONAL LAW: WAIVER OF SOVEREIGN IMMUNITY M ucH doubt has been cast on the value of a sovereign's waiver of immunity by the recent holding of Rich v. Common Law Community Training Manual - ITCCS.ORG Establishing the Reign of Natural Liberty: The Common Law and its Courts. A Community Training Manual. Issued by The International Tribunal into Crimes of Church and ... Official Corruption and Immunity In Nigeria By Femi ... In order to promote accountability and transparency in government and deepen the democratic process the courts have whittled down the absoluteness of immunity ... News about Politics in America & the World - Rolling Stone Check out Rolling Stone's latest political news and features covering today's hottest political topics and Matt Taibbi's take. Africa Debate Is the ICC Targeting Africa Inappropriately? Participate in a debate on key issues in International Criminal Law and help us shed some light on tough legal issues faced by the Prosecutor of the ICC. What you say ... Sovereign immunity in the United States - Wikipedia In United States law the federal government as well as state and tribal governments generally enjoy sovereign immunity from lawsuits although in some cases this ... Trial of George Zimmerman - Wikipedia State of Florida v. George Zimmerman was a criminal prosecution of George Zimmerman on the charge of second-degree murder stemming from the shooting of Trayvon Martin ... EJIL: Talk! EJIL Analysis Archive I may be biased as theory is currently my main area of practice (here and here) but I am deeply convinced that (international) lawyers should engage more with theory. EJIL: Talk! Palestine as a UN Observer State: Does this ... The Vienna Convention on the Law of Treaties isnt just a formula that the Secretary General alone is bound to respect. The State Parties to that multilateral ... Immunity definition of immunity by Medical dictionary 706 710 (1999) (holding state can exercise immunity defense in some cases while consenting to jurisdiction in others); Edelman v.
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