I. Diplomatic Representations and Diplomatic Protection
Bibliographic Data
| ID | 9933352 |
|---|---|
| Authors | Colin Warbrick (corresponding author), Dominic Mcgoldrick |
| Year | 2002 |
| Volume | 51 |
| Issue | 3 |
| Pages | 723-733 |
| Publication date | 2002-07-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1093/iclq/51.3.723 |
| OpenAlex | W2298432694 |
| Language | EN |
| Citations received | 2 |
| References cited | 1 |
The European Court of Human Rights has decided in the last three years five cases dealing with state or international immunities. 1 Although the facts differed, the arguments of the applicants were much the same. They contended that allowing a foreign State or an international organisation to claim immunity in a civil action in proceedings in the defendant State violated the applicants' rights to access to a court for the determination of a civil right. 2 The European Court accepted the claims in principle but concluded in each case that the limitation imposed on the right of access was for a legitimate reason (the protection of State or international immunities, a condition for effective co-operation between States or with international organisations) and was proportionate to this aim, because in each case, the grant of immunity was required by international law and that in each case there was the possibility of the applicant using another procedure to try to assert his rights, action in the courts of the foreign State or under the special staff regime of the international organisation
Action (physics · Human rights · International law · Political science · Public international law · State (computer science · State immunity · European and International Law Studies · International Law and Aviation · International Law and Human Rights · Law
| Citations per year | 0.11 |
|---|---|
| Citation span | 2007 - 2010 (4) |
| Highly cited | No |