The present essay seeks to discuss the possible scenarios arising from the renewed Jurisdictional Immunities case before the ICJ triggered by Germany's application against Italy filed at the end of March 2022. The purpose is to evaluate what these scenarios may signify for the ‘human rights and State immunity’ debate. In doing so, attention is paid to a number of elements arising from the pertinent practice and scholarly discussions which have emerged since the 2012 ICJ judgment. If Germany v Italy (reloaded) proceeds to the merits, those elements should hopefully induce the ICJ to rethink a few controversial aspects of its 2012 decision and, in turn, the Italian Constitutional Court to exercise caution when setting out to revisit and circumscribe Judgment No 238/2014.
Pavoni, R. (2022). Germany versus Italy Reloaded: Whither a Human Rights Limitation to State Immunity?. QUESTIONS OF INTERNATIONAL LAW(Zoom-in 94), 19-40.
Germany versus Italy Reloaded: Whither a Human Rights Limitation to State Immunity?
Riccardo Pavoni
2022-01-01
Abstract
The present essay seeks to discuss the possible scenarios arising from the renewed Jurisdictional Immunities case before the ICJ triggered by Germany's application against Italy filed at the end of March 2022. The purpose is to evaluate what these scenarios may signify for the ‘human rights and State immunity’ debate. In doing so, attention is paid to a number of elements arising from the pertinent practice and scholarly discussions which have emerged since the 2012 ICJ judgment. If Germany v Italy (reloaded) proceeds to the merits, those elements should hopefully induce the ICJ to rethink a few controversial aspects of its 2012 decision and, in turn, the Italian Constitutional Court to exercise caution when setting out to revisit and circumscribe Judgment No 238/2014.File | Dimensione | Formato | |
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https://hdl.handle.net/11365/1223199