V. Argumentation Seminar: Immunities in International Law II

(The application of theoretical knowledge to specific cases)

 

Outline of the seminar

 

 

 

Reading Materials

 

Compulsory reading materials

1. Jurisdictional Immunities of the State (Germany v. Italy), judgment of 3 February 2012

2. Judgment of the Court (Grand Chamber) of 19 July 2012, Mahamdia, case C‑154/11.

 

 

 

Questions

 

Please read carefully the cases uploaded in the study materials. Make your own analysis of these cases and summarize core arguments that have been used therein

 

CASE 1:

1. It is possible that state may decide the dispute between its citizen and foreign state? If so, on what conditions?

2. Is there any role to play for the concept of state immunity? What is the basic idea underlying this concept?

3. Why did Italy lose in this dispute?

4. What would happen if Italy does not respect the ICJ decision?

 

CASE 2:

1. Where should Ms. Route sue Nigeria?

2. Is there any legal basis for bringing the claim in Czech courts?

3. Is there any role to play for the divide acta jure imperii and qestionis?

 

CASE 3:

Please raise all legal issues that may be important for analyzing of this case from the point of view of international law (please ignore domestic law for this purpose). Please bear in mind that there is still an intellectual link to previous two cases.

 

 

 

Materials and questions to download here.