Document Type : Research/Original/Regular Article
Authors
Abstract
As the jurisdictional immunity of state’s history shows, the immunity faced to many challenges and changes. With regard to such changes in international customary law, there is no rule based on may waver the jurisdictional immunity of state before other state’s courts, if they committed a breach of human right as jus cogens. Italian courts, however, did something unusual and became a frontier in making a new exception on international law. Germany, on 23 December 2008, instituted proceedings against the Italy before the International Court of Justice. Germany stated that Italian judicial bodies have repeatedly disregarded the jurisdictional immunity of Germany as a sovereign State. Germany v. Italy case was a chance for the International Court of Justice to state its point of view about interaction among human rights, Jus cogens, and state immunity. We’re going to study the opinion and Judgment of the International Court of Justice to know whether the court is going to make international customary law about state immunity stable or help developing it by new exceptions.
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