000			03403nam a22004338i 4500
001			BRILL9789004481688
003			nllekb
005			20260610105759.0
007			cr un uuuua
008			200716s1997 ne sb 001 0 eng d
020			_a9789004481688 _q(electronic book)
020			_a9789041103222 _q(print)
024	7		_a10.1163/9789004481688 _2DOI
035			_z(OCoLC)35865475
040			_aNL-LeKB _cNL-LeKB _erda
050		4	_aK3240.4
072		7	_aLBBR _2bicssc
072		7	_aLAW _x051000
072		7	_aPOL _x035010
082	0	4	_a341.4/81 _223
100	1		_aBröhmer, Jürgen, _eauthor.
245	1	0	_aState Immunity and the Violation of Human Rights / _cJürgen Bröhmer.
264		1	_aLeiden; _aBoston : _bBrill | Nijhoff, _c1997.
300			_a1 online resource.
336			_atext _btxt _2rdacontent
337			_acomputer _bc _2rdamedia
338			_aonline resource _2rdacarrier
490	1		_aInternational Studies in Human Rights ; _v47
504			_aIncludes bibliographical references and index.
520			_aThe field of international human rights has been one of the most prominent and dynamic areas of public international law in recent decades. At the same time the law of state immunity, albeit less prominent, has also been subjected to a process of dynamic change. The principle of absolute immunity of states from the adjudicatory jurisdiction of foreign states has been replaced by a restrictive concept under which foreign states can be sued under certain circumstances. The violation of fundamental human rights by foreign states is, however, still widely regarded as immunity- protected conduct, be it because such violations must be considered as governmental acts ( acta jure imperii ) or because the violations were committed outside the territory of the foreign state. Consequently, it is often impossible for the victim of such violations to bring damage proceedings against the foreign state based on municipal (tort) law in a municipal court. The present study attempts to demonstrate that international law does not per se demand that foreign states be granted immunity in such cases. The current state of international immunity law as evidenced by state practice and the work of several international learned bodies is surveyed extensively. It is shown that the granting of immunity may contradict the procedural guarantees of the European Convention of Human Rights. The impact of human rights law on the traditional concept of diplomatic protection is described. The study concludes that a further restriction of the immunity privilege is necessary, and criteria are offered to distinguish between violations of human rights which should remain immunity-protected and violations where the interest of the perpetrating state to remain immune from foreign jurisdiction must yield to the interest of the injured individual to obtain adequate redress.
588			_aDescription based on print version record.
650		0	_aGovernment liability (International law)
650		0	_aHuman rights.
650		0	_aImmunities of foreign states.
776	0	8	_iPrint version: _tState Immunity and the Violation of Human Rights. _dLeiden ; Boston : Brill | Nijhoff, 1997 _z9789041103222 _w(DLC) 96047876
830		0	_aInternational Studies in Human Rights ; _v47.
856	4		_zDOI: _uhttp://dx.doi.org/10.1163/9789004481688
999			_c47647 _d47647