Analysis of Italian jurisprudence (courts on merits and court of cassation) making early application of the decision of the Constitutional Court (No. 238/2014) concerning non-enforceability in Italy of the judgment issued by the International Court of Justice in 2012 in the case of 'Jurisdictional immunities of the State' (Germany vs Italy). Reflection on the relationship between general international law and treaty law, on one hand, and Italy's domestic legal order on the other, in light of so called counter-limits doctrine.
War Crimes and State Immunity from Jurisdiction: Follow-up of Decision No 238/2014 of the Constitutional Court
Ferrajolo Ornella
2016
Abstract
Analysis of Italian jurisprudence (courts on merits and court of cassation) making early application of the decision of the Constitutional Court (No. 238/2014) concerning non-enforceability in Italy of the judgment issued by the International Court of Justice in 2012 in the case of 'Jurisdictional immunities of the State' (Germany vs Italy). Reflection on the relationship between general international law and treaty law, on one hand, and Italy's domestic legal order on the other, in light of so called counter-limits doctrine.File in questo prodotto:
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