Implementasi imunitas negara terhadap tuntutan pelanggaran Jus Cogens dalam kasus Jerman melawan Italia = implementation of state immunity claims for violations of jus cogens from germany v. italy case
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Institusion
Universitas Pelita Harapan
Author
Suparta, Nadiatara
Subject
K Law (General)
Datestamp
2021-11-26 07:45:07
Abstract :
Each country recognizes the existence of state immunity and jus cogens norm because both of these are absolutely needed and cannot be removed at all. Those are many cases concerning state immunity claims for violations of jus cogens norms but their results from the decisions are different because the provisions of each country are different from each other. Both of them related to sovereign equality principle. Every country has the same right to keep their state immunity. State immunity claims for violations of jus cogens in forum state or other state becomes a tool to get their rights. In general, state not entitled to claim state immunity for violations of jus cogens case because jus cogens norm cannot be changed or removed in any form, based from Article 53 of the Vienna Convention on the Law and Treaties and related with Article 11 of European Convention of State Immunity. But, in practice, many state give state immunity claims towards state who does a violation of jus cogens norms. The related case about state immunity claims of jus cogens violations is jurisdictional immunity of states case from International Court of Justice between Germany and Italy with Greece intervening
Each country recognizes the existence of state immunity and jus cogens norm because both of these are absolutely needed and cannot be removed at all. Those are many cases concerning state immunity claims for violations of jus cogens norms but their results from the decisions are different because the provisions of each country are different from each other. Both of them related to sovereign equality principle. Every country has the same right to keep their state immunity. State immunity claims for violations of jus cogens in forum state or other state becomes a tool to get their rights. In general, state not entitled to claim state immunity for violations of jus cogens case because jus cogens norm cannot be changed or removed in any form, based from Article 53 of the Vienna Convention on the Law and Treaties and related with Article 11 of European Convention of State Immunity. But, in practice, many state give state immunity claims towards state who does a violation of jus cogens norms. The related case about state immunity claims of jus cogens violations is jurisdictional immunity of states case from International Court of Justice between Germany and Italy with Greece intervening
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