The case law of the ECtHR shows a number of cases in which the alleged violation of Article 6 derived from the regimes of international immunity accorded to States, and international organizations. The Court generally found that immunities under international law were legitimately invoked before municipal courts. More recently, the ECtHR has expanded its review and in similar cases it has carried out a more in depth analysis of the conduct of the States parties entailing the grant of immunities under international law. The author explores, from a methodological viewpoint, the three main ways in which the Court might expand the protection of human rights in relation to the grant of international immunities, that is by adopting a logic of reconciliation, a logic of conflict, and a logic of effectiveness.
The ECHR and the Immunities provided by International Law / Bonafe', BEATRICE ILARIA. - In: ITALIAN YEARBOOK OF INTERNATIONAL LAW. - ISSN 0391-5107. - STAMPA. - XX (2010):(2011), pp. 55-72.
The ECHR and the Immunities provided by International Law
BONAFE', BEATRICE ILARIA
2011
Abstract
The case law of the ECtHR shows a number of cases in which the alleged violation of Article 6 derived from the regimes of international immunity accorded to States, and international organizations. The Court generally found that immunities under international law were legitimately invoked before municipal courts. More recently, the ECtHR has expanded its review and in similar cases it has carried out a more in depth analysis of the conduct of the States parties entailing the grant of immunities under international law. The author explores, from a methodological viewpoint, the three main ways in which the Court might expand the protection of human rights in relation to the grant of international immunities, that is by adopting a logic of reconciliation, a logic of conflict, and a logic of effectiveness.File | Dimensione | Formato | |
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