Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

AN AMERICAN ANOMALY? ON THE ICJ’S SELECTIVE READING OF UNITED STATES PRACTICE IN JURISDICTIONAL IMMUNITIES OF THE STATE

AN AMERICAN ANOMALY? ON THE ICJ’S SELECTIVE READING OF UNITED STATES PRACTICE IN JURISDICTIONAL... The ICJ’s treatment of US practice translates into one of the most controversial aspects of the Jurisdictional Immunities judgment. The Court’s approach was elusive and patchy. Certain key decisions by US courts in the field of sovereign immunity were patently neglected, while others were addressed in a misleading manner. This article examines the Court’s citations and omissions relating to US practice, with respect to both the jus cogens and tort exception arguments advanced by Italy in defense of its Ferrini jurisprudence denying immunity when the defendant State is accused of egregious breaches of human rights. The article also enquires into the possible reasons at the root of the Court’s inadequate assessment of US practice. It takes the view that the Court’s dismissive attitude vis-à-vis the anomalous American experience casts doubt over the judgment’s reliability and persuasiveness as an accurate reflection of the contemporary law of State immunity. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

AN AMERICAN ANOMALY? ON THE ICJ’S SELECTIVE READING OF UNITED STATES PRACTICE IN JURISDICTIONAL IMMUNITIES OF THE STATE

Loading next page...
 
/lp/brill/an-american-anomaly-on-the-icj-s-selective-reading-of-united-states-3SMaKWLJ95

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6133
DOI
10.1163/22116133-90000214
Publisher site
See Article on Publisher Site

Abstract

The ICJ’s treatment of US practice translates into one of the most controversial aspects of the Jurisdictional Immunities judgment. The Court’s approach was elusive and patchy. Certain key decisions by US courts in the field of sovereign immunity were patently neglected, while others were addressed in a misleading manner. This article examines the Court’s citations and omissions relating to US practice, with respect to both the jus cogens and tort exception arguments advanced by Italy in defense of its Ferrini jurisprudence denying immunity when the defendant State is accused of egregious breaches of human rights. The article also enquires into the possible reasons at the root of the Court’s inadequate assessment of US practice. It takes the view that the Court’s dismissive attitude vis-à-vis the anomalous American experience casts doubt over the judgment’s reliability and persuasiveness as an accurate reflection of the contemporary law of State immunity.

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 2011

Keywords: State immunity; United States practice; jus cogens ; tort exception.

There are no references for this article.