case note case notes international law and the international court of justice s decision in jurisdictional immunities of the state contents i introduction 1 ii the background 2 a the ...
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...Case note notes international law and the court of justice s decision in jurisdictional immunities state contents i introduction ii background a factual b contested doctrinal iii proceedings before incidental pleadings parties main c iv v conclusion on february icj or handed down its judgment effectively ending clear persistent schism that had arisen between domestic courts question immunity for civil tort claims arising out wartime atrocities one hand some basic assumptions been challenged when greece italy held could not preclude from being sued another where allegations concerned serious breach human rights humanitarian jus cogens norms rush scholarly commentary following these decisions was voluminous instances suggested an exception to suit foreign emerging cases concerning breaches other jurisdictions already rejected argument such existed at least so far as their legal systems would allow although also similarly bereft criticised by strict adherence doctrine unless states prescr...