Remedies against Immunity?

Remedies against Immunity?（Beiträge zum ausländischen öffentlichen Recht und Völkerrecht）

针对豁免权的救济措施？意大利宪法法院第 238 / 2014 号决议之后的国际与国内法调和
国际法学

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作者

出版社

Springer Berlin Heidelberg

出版时间

2021年01月26日

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ＩＳＢＮ

9783662623039

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页码

390

开本

0 x 0 x 0 cm

语种

英文

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The open access book examines the consequences of the Italian Constitutional Court 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 so far 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 meticulous legal analysis of these themes from the perspectives of international law, European law, and Italian 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 durable 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 immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the potential 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 inspiration.

Part I – Introduction: 1 Reconciling State Immunity with Recognition of War Victims in a Legal Pluriverse by Anne Peters and Valentina Volpe.- Part II – Immunity: 2 Right of Access to (Italian) Courts über alles? Legal Implications beyond Germany’s Jurisdictional Immunity by Paolo Palchetti.- 3 The Illusion of Perfect Justice by Christian Tomuschat.- 4 Sentenza 238/2014: A Good Case for Law-Reform? by Heike Krieger.- Part III – Remedies: 5 A Plea for Legal Peace by Riccardo Pavoni.- 6 A Story of ‘Trials and Errors’ That Might Have No Happy End by Jörg Luther.- 7 State Immunity, Individual Compensation for Victims of Human Rights Crimes, and Future Prospects by Stefan Kadelbach .- 8 Sketches for a Reparation Scheme: How Could a German-Italian Fund for the IMIs Work? by Filippo Fontanelli.- Part IV – European Perspectives: 9 Waiting for Negotiations: An Italian Way to Get Out of the Deadlock by Alessandro Bufalini.- 10 Sentenza 238/2014: EU Law and EU Values by Bernardo Giorgio Mattarella.- 11 The Consequences of Sentenza 238/2014: What to Do Now? by Doris König.- 12 Would the World Be a Better Place If One Were to Adopt a ‘European’ Approach to State Immunity? Or, ‘Soll am europäischen Wesen die Staatenimmunität genesen’? by Andreas Zimmermann.- Part V – Courts: 13 A Dangerous Last Line of Defence: Or, a Roman Court Goes Lutheran by Christian J. Tams.- 14 Teaching the World Court Makes a Bad Case: Revisiting the Relationship between by Domestic Courts and the ICJ by Raffaela Kunz.- 15 Between Cynicism and Idealism: Is the Italian Constitutional Court Passing the Buck to the Italian Judiciary? by Giovanni Boggero and Karin Oellers-Frahm.- Part VI – Negotiations: 16 Deadlocked in Dualism: Negotiating for a Final Settlement by Andreas von Arnauld.- 17 Moving beyond Judicial Conflict in the Name of the Pre-Eminence of Fundamental Human Rights by Valerio Onida.- 18 Between a Rock and a Hard Place: Italian Concerns between Constitutional Rights and International Law by Andreas L. Paulus.- 19 Overcoming the Judicial Conundrum: The Road to a Diplomatic Solution by Francesco Francioni.- Part VII – The Past and Future of Remedies: 20 Recollections of a Judge by Sabino Cassese.- 21 A Dialogical Epilogue by Joseph H.H. Weiler.- Annex: Sentenza 238/2014.

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