Remedies against immunity? : reconciling international and domestic law after the Italian Constitutional Court's Sentenza 238/2014 / Valentina Volpe, Anne Peters, Stefano Battini, editors ; Violetta Ritz, assistant editor.
Volpe, Valentina, editor.; Peters, Anne, 1964- editor.; Battini, Stefano, editor.
2021
KKH2852.V52
Available Online

Linked e-resources

Linked Resource
Online Access
Concurrent users
Unlimited
Authorized users
Open access
Document Delivery Supplied
Open access

Details

Title
Remedies against immunity? : reconciling international and domestic law after the Italian Constitutional Court's Sentenza 238/2014 / Valentina Volpe, Anne Peters, Stefano Battini, editors ; Violetta Ritz, assistant editor.
ISBN
9783662623046 (electronic bk.)
3662623048 (electronic bk.)
9783662623039
DOI
https://doi.org/10.1007/978-3-662-62304-6
Published
Berlin : Springer, [2021]
Language
English
Description
1 online resource (xxvi, 425 pages) : illustrations
Item Number
10.1007/978-3-662-62304-6 doi
Call Number
KKH2852.V52
Dewey Decimal Classification
342.4508/8
Summary
The open access book examines the consequences of the Italian Constitutional Court's Judgment 238/2014 which denied the German Republic's immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book's three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H.H. Weiler's Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Bibliography, etc. Note
Includes bibliographical references.
Access Note
Open access
Source of Description
Online resource; title from PDF title page (SpringerLink, viewed April 19, 2021).
Added Author
Volpe, Valentina, editor.
Peters, Anne, 1964- editor.
Battini, Stefano, editor.
Series
Beiträge zum ausländischen öffentlichen Recht und Völkerrecht ; Bd. 297. 0172-4770
Linked Resources
Online Access
Record Appears in
Online Resources > Ebooks
All Resources
Part I - Introduction: 1 Reconciling State Immunity with Recognition of War Victims in a Legal Pluriverse by Anne Peters and Valentina Volpe
Part II - Immunity: 2 Right of Access to (Italian) Courts über alles? Legal Implications beyond Germany's Jurisdictional Immunity by Paolo Palchetti
3 The Illusion of Perfect Justice by Christian Tomuschat
4 Sentenza 238/2014: A Good Case for Law-Reform? by Heike Krieger
Part III - Remedies: 5 A Plea for Legal Peace by Riccardo Pavoni
6 A Story of 'Trials and Errors' That Might Have No Happy End by Jörg Luther
7 State Immunity, Individual Compensation for Victims of Human Rights Crimes, and Future Prospects by Stefan Kadelbach
8 Sketches for a Reparation Scheme: How Could a German-Italian Fund for the IMIs Work? by Filippo Fontanelli
Part IV - European Perspectives: 9 Waiting for Negotiations: An Italian Way to Get Out of the Deadlock by Alessandro Bufalini
10 Sentenza 238/2014: EU Law and EU Values by Bernardo Giorgio Mattarella
11 The Consequences of Sentenza 238/2014: What to Do Now? by Doris König
12 Would the World Be a Better Place If One Were to Adopt a 'European' Approach to State Immunity? Or, 'Soll am europäischen Wesen die Staatenimmunität genesen'? by Andreas Zimmermann
Part V - Courts: 13 A Dangerous Last Line of Defence: Or, a Roman Court Goes Lutheran by Christian J. Tams
14 Teaching the World Court Makes a Bad Case: Revisiting the Relationship between by Domestic Courts and the ICJ by Raffaela Kunz
15 Between Cynicism and Idealism: Is the Italian Constitutional Court Passing the Buck to the Italian Judiciary? by Giovanni Boggero and Karin Oellers-Frahm
Part VI - Negotiations: 16 Deadlocked in Dualism: Negotiating for a Final Settlement by Andreas von Arnauld
17 Moving beyond Judicial Conflict in the Name of the Pre-Eminence of Fundamental Human Rights by Valerio Onida
18 Between a Rock and a Hard Place: Italian Concerns between Constitutional Rights and International Law by Andreas L. Paulus
19 Overcoming the Judicial Conundrum: The Road to a Diplomatic Solution by Francesco Francioni
Part VII - The Past and Future of Remedies: 20 Recollections of a Judge by Sabino Cassese
21 A Dialogical Epilogue by Joseph H.H. Weiler
Annex: Sentenza 238/2014.

Browse Subjects

Show more subjects...

Statistics

from
to
Export