The Human Rights Challenge to Immunity in International Law

Author:   Selman Özdan
Publisher:   Springer Nature Switzerland AG
Edition:   1st ed. 2022
ISBN:  

9783030929220


Pages:   202
Publication Date:   13 February 2022
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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The Human Rights Challenge to Immunity in International Law


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Author:   Selman Özdan
Publisher:   Springer Nature Switzerland AG
Imprint:   Springer Nature Switzerland AG
Edition:   1st ed. 2022
Weight:   0.412kg
ISBN:  

9783030929220


ISBN 10:   3030929221
Pages:   202
Publication Date:   13 February 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Chapter 1: IntroductionBackgroundMotivation and Approach of the BookStructure of the BookNotesReferences Chapter 2: From a State-Oriented to a Human-Oriented ApproachSovereigntyState Sovereignty under International LawGrowing Tension Between Human Rights and State SovereigntyConclusionNotesReferences Chapter 3: Human Rights Recognised as Jus CogensEvolving Human Rights to International Legal DimensionThe Concept of Jus Cogens NormsHierarchy among Human Rights with respect to Jus CogensDifferentiation of Jus Cogens Human Rights from Non-DerogabalityHuman Rights Recognised as Jus CogensConclusionNotesReferences Chapter 4: State Immunity or State Impunity in cases of Jus Cogens ViolationsBases of State ImmunityState Immunity under International LawAbsolute and Restrictive ImmunityControversial ExceptionsTension between State Immunity and Violations of Jus Cogens NormsPicking Holes in the ICJ JudgmentConclusionNotesReferences Chapter 5: A Critique of the Demise of Heads of State Immunity in the Age of Human RightsIdentification of Head of StateQuestion of Head of State Immunity: Pinochet, Taylor, and HabréDevelopments of Head of State Immunity in International Legal SystemThe Problem of Head of State Immunity in relation to Violations of Jus Cogens NormsEnding Impunity for Heads of StateConclusionNotesReferences Chapter 6: Human Rights versus Diplomatic ImmunityOn DiplomacyDevelopment of Diplomatic Immunity in International LawTheoretical Grounds for Diplomatic ImmunityDiplomatic ImmunityEfforts to Limit Diplomatic Immunities Provided by the Vienna ConventionPersonal and Functional Immunities for Diplomatic AgentsDiplomatic Immunity versus Diplomatic ImpunityConclusionNotesReferences Chapter 7: ConclusionNotesReferences

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Author Information

Selman Özdan is Assistant Professor in the School of Law at Ondokuz Mayıs University, Turkey, where he is Head of Department for Public International Law. Previously, he worked at Erciyes University School of Law. He is a member of the Society of Legal Scholars and Case Western Reserve University Law Alumni Association. His most recent book chapter appeared in The Epistemology of Deceit in a Postdigital Era: Dupery by Design (2021).

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