Remedies against Immunity?
Language: English
Published by Springer Berlin Heidelberg Apr 2021, 2021
Series: Book 18 of 18 - Beiträge zum ausländischen öffentlichen Recht und Völkerrecht
- Hardcover
- New
Seller: BuchWeltWeit Ludwig Meier e.K., Bergisch Gladbach, GermanyBuchWeltWeit Ludwig Meier e.K.
AbeBooks seller since January 11, 2012
Condition: New
£ 46.75
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Add to basketItem description from seller
This item is printed on demand - it takes 3-4 days longer - Neuware -The open access book examines the consequences of the Italian Constitutional Court's 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 currently 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 a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic 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 sustainable 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 conceptssuchas those of pre/post-judgmentimmunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the 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 aspiration.In Part VII,The Past and Future of Remedies, a sitting judge in the Court that decidedSentenza238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler's Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective. 452 pp. Englisch.…
Seller Inventory # 9783662623039
- Title
- Remedies against Immunity?
- Author
- Valentina Volpe
- Publisher
- Springer Berlin Heidelberg Apr 2021
- Publication year
- 2021
- Condition
- Neu
- Binding
- Buch
- Language
- English
- ISBN 10
- 366262303X
- ISBN 13
- 9783662623039
- Item weight
- 840 grams
- Dimensions
- 241x160x30 mm
- Series
- Book 18 of 18: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht
The open access book examines the consequences of the Italian Constitutional Court’s 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 currently 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 a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic 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 sustainable 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 as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the 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 aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
"Synopsis" may belong to another edition of this title.
About the Author
Valentina Volpe, Associate Professor of Public Law and International Law, Lille Catholic University and Senior Research Affiliate, Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Anne Peters, Director at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg and Professor of International Law, Heidelberg, Freie Universität Berlin, Basel (Switzerland) Universities, and University of Michigan
Stefano Battini, President of the Italian National School for Public Administration, Rome and Professor of Administrative Law, Tuscia University, Viterbo
"About the title" may belong to another edition of this title.
BuchWeltWeit Ludwig Meier e.K.
Bergisch Gladbach, Germany
AbeBooks seller since January 11, 2012
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