Arhive categorie: Articole

Aspecte noi privind principiul imunităţii de jurisdicţie a statelor

Titlu complet: Aspecte noi privind principiul imunităţii de jurisdicţie a statelor

A aparut in: Analele Facultăţii de Drept, Tomul LVI, vol. 1, 2010 – citeste articolul

Abstract: The state immunity represents a fundamental principle of Public International Law and its application created controversies regarding the relationship between it and the respect of fundamental human rights rules. The issue was raised before different courts: the European Court of Human Rights or domestic courts from Canada, Greece, United Kingdom,United States of America, Italy in complaints againts foreign states. The decisions rendered tend to consider the absolut concept of State Immunity except for the Italian Suprem Court which interpreted in a retrictive manner the concept. Even if the principle of immunity would be interpreted restrictively, a new controversy may appear: the dispute will be transfered from the concept of jurisdictional immunity to that of enforcement immunity.
Keywords: state liability, fundamental principles, sovereignity, fundamental rights