The Dispute on Jurisdictional Immunities of the State before the ICJ: Is the Time Ripe for a Change of the Law?

2011 ◽  
Vol 24 (1) ◽  
pp. 173-200 ◽  
Author(s):  
ANDREA GATTINI
Keyword(s):  
Federal Republic ◽  
The State ◽  
Customary Law ◽  
Federal Republic Of Germany ◽  
Future Developments ◽  
State Practice ◽  
The Icj ◽  
The Law ◽  
The Republic ◽  
Jus Cogens

AbstractThe pending dispute at the ICJ between the Federal Republic of Germany and the Republic of Italy on jurisdictional immunities of states bears on the hotly debated question of whether a state having committed a violation of jus cogens loses its immunity from civil jurisdiction abroad, as maintained by the Italian Court of Cassation. The article aims to demonstrate the untenability of the position of the Italian Court of Cassation, not only under current international customary law, but also under a prospective de lege ferenda. Nevertheless, different options are open to the ICJ to adjudicate the case, without impinging on possible future developments of state practice. The article closes by pointing at the risks that, in a strict dualist/pluralist perspective, not even an ICJ's decision in favour of Germany would eventually ensure compliance by Italian domestic judges.

scholarly journals Spremljanje slovenskih delavcev na začasnem delu in bivanju v Zvezni republiki Nemčiji v sedemdesetih letih dvajsetega stoletja: prispevek k poznavanju zgodovine slovenske Službe državne varnosti

2020 ◽  
Vol 20 (2020) (3) ◽  
pp. 879-919
Author(s):  
Ana Šela ◽  
David Hazemali
Keyword(s):  
Federal Republic ◽  
The State ◽  
Federal Republic Of Germany ◽  
Guest Workers ◽  
Socialist Republic ◽  
Archival Material ◽  
State Security ◽  
Security Service ◽  
The Republic ◽  
Selection Of

In this paper the authors present the tracking and monitoring of Slovenian guest workers, who were temporarily living and working in the Federal Republic of Germany in the 1970s, by the State Security Service. By analysing archival material of the Slovenian political police about the activities and associations of Slovenes in the Federal Republic of Germany, which is kept by the Archive of the Republic of Slovenia and using a selection of scientific works of domestic and foreign historiography, the authors present the process of emigration from the Socialist Republic of Slovenia to the Federal Republic of Germany from a west German and Yugoslav perspective. They also present how the State Security Service tracked Slovenian guest workers in the FRG during the 1970s and which groups of emigrees it paid special attention to. Here the authors concentrate on the tracking of Slovenian emigree clergy and emigree press, both groups having had large cultural influence on other Slovenian guest workers while they lived and worked in the Federal Republic of Germany.

scholarly journals SOME FEATURES OF LEGAL REGULATION OF ENVIRONMENTAL RELATIONS IN GERMANY

2020 ◽  
Vol 16 (3) ◽  
pp. 100-107
Author(s):  
Елена Тулупова ◽  
Татьяна Демидова ◽  
Розалия Юсупова
Keyword(s):  
Environmental Policy ◽  
Federal Republic ◽  
State Government ◽  
Preventive Measures ◽  
Legal Regulation ◽  
The State ◽  
Federal Republic Of Germany ◽  
Environmental Consequences ◽  
The Law ◽  
Environmental Relations

The problem of pollution for the Federal Republic of Germany has been relevant for more than fifty years. Since 1970, the state government has been making various efforts to resolve it. Some preventive measures have been implemented in order to prevent or minimize adverse environmental consequences and, directly, to bring to justice those who have broken the law. In this article, we will try to analyze the existing environmental policy of the state and talk about the difficulties of eliminating the destructive impact of civilization on the ecosystem. We will consider the features of vehicle recycling, providing “environmental bonuses” and “environmental markings” for manufacturers of goods. We try to analyze if the state authorities actions in this area are really interesting, effective and far-sighted.

La sentenza della Corte internazionale di giustizia relativa al caso Germania c. Italia: profili di diritto intertemporale

2012 ◽  
pp. 335-349
Author(s):  
Fabrizio Marongiu Buonaiuti
Keyword(s):  
World War Ii ◽  
International Law ◽  
The State ◽  
State Responsibility ◽  
World War ◽  
International Crimes ◽  
State Immunity ◽  
The Icj ◽  
The Law ◽  
Jus Cogens

The author comments on the judgment delivered by the ICJ on 3rd February 2012 in the case of Germany v. Italy, concerning jurisdictional immunity of the State against actions for compensation in respect of crimes committed during World War II. The article focuses on the intertemporal law aspects of the case, commenting that the ICJ, while correctly identifying State immunity rules as having a procedural nature, failed in clarifying that whenever their application requires a qualification of the relevant facts, this is to be performed pursuant to the law in force at the time they were committed. Arguably, at the time of the conflict, the category of jus cogens norms had not yet been sufficiently established, nor had a special regime of State responsibility for international crimes or for serious breaches of peremptory rules of general international law developed yet. Therefore, the supposed prevalence of the breached norms on State immunity rules, which the ICJ has correctly excluded due to the different nature of either set of rules, arguably was to be excluded for intertemporal reasons altogether.

Slavery and Ransom

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
Eighteenth Century ◽  
Ottoman Empire ◽  
Young Men ◽  
Individual Characteristics ◽  
The State ◽  
Customary Law ◽  
Late Eighteenth Century ◽  
Late Eighteenth ◽  
The Law

This chapter explores captives’ fates after their capture, all along the Ottoman land and maritime frontiers, arguing that this was largely determined by individuals’ value for ransom or sale. First this was a matter of localized customary law; then it became a matter of inter-imperial rules, the “Law of Ransom.” The chapter discusses the nature of slavery in the Ottoman Empire, emphasizing the role of elite households, and the varying prices for captives based on their individual characteristics. It shows that the Ottoman state participated in ransoming, buying, exploiting, and sometimes selling both female and male captives. The state particularly needed young men to row on its galleys, but this changed in the late eighteenth century as the fleet moved from oars to sails. The chapter then turns to ransom, showing that a captive’s ability to be ransomed, and value, depended on a variety of individualized factors.

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

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