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9 - Escalation and Interaction: International Courts and Domestic Politics in the Law of State Immunity

from Part II

Published online by Cambridge University Press:  23 June 2018

By
Philippa Webb
Edited by
Marlene Wind
Marlene Wind
Affiliation:
University of Copenhagen
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Summary

The law of State immunity is at the intersection of international law and domestic politics. It is a salient case study of this relationship because of the competing claims to authority that are inherent to each dispute. This chapter uses two international decisions – the 2012 International Court of Justice judgment in Jurisdictional Immunities of the State (Germany v. Italy, Greece intervening) and the 2014 judgment of the Fourth Chamber of the European Court of Human Rights in Jones and Ors v. United Kingdom – to analyse the concepts of escalation and interaction. The increased use of international courts by domestic actors in disputes over immunity is interesting but perhaps not surprising given the overall rise in the availability and use of third-party dispute settlement mechanisms. The greater puzzle lies in the varied reactions to international decisions, ranging from compliance to resistance, and the variables that condition such reactions. It seems that the existence of a conflicting constitutional norm may play an important role. The chapter concludes that Delmas-Marty’s concept of pluralism ordonné may be a way to conceptualise and develop procedural mechanisms of reciprocal restraint, respect and cooperation needed to adjust the competing claims of authority in this area.

Type
Chapter
Information
International Courts and Domestic Politics , pp. 206 - 226
Publisher: Cambridge University Press
Print publication year: 2018

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References

Alter, K. J. (2014). The New Terrain of International Law: Courts, Politics and Rights, Princeton: Princeton University Press.Google Scholar
Cassese, S. (2011). L’Italia: Una Società senza Stato?’ Bologna: il Mulino.Google Scholar
Delmas-Marty, M. (2002). Towards a Truly Common Law: Europe as a Laboratory for Legal Pluralism, Cambridge: Cambridge University Press.Google Scholar
Delmas-Marty, M. (2009). Ordering Pluralism, trans. Norberg, Naomi, Oxford: Hart Publishing.Google Scholar
Delmas-Marty, M. (2004). Le relatif et l’universel, Paris: Éditions du Seuil.Google Scholar
Fontanelli, F. (2013). Criminal Proceedings against Albers. American Journal of International Law, 107, 632–8.Google Scholar
Fox, H. & Webb, P. (2013). The Law of State Immunity, 3rd edn, Oxford: Oxford University Press.Google Scholar
Higgins, R. (1995). Problems and Process: International Law and How We Use It, Oxford: Clarendon Press.Google Scholar
Keck, M. E. & Sikkink, K. (1999). Transnational Advocacy Networks in International and Regional Politics, New York: UNESCO.Google Scholar
Koh, H. (1997). Why Do Nations Obey International Law? Yale Law Journal, 106, 2599–659.Google Scholar
Koskenniemi, M. (2006). From Apology to Utopia: The Structure of International Legal Argument, Cambridge: Cambridge University Press.Google Scholar
Nollkaemper, A. (2012). International Adjudication of Global Public Goods: The Intersection of Substance and Procedure. European Journal of International Law, 23(3), 769–91.Google Scholar
Peters, A. (2014a). Let Not Triepel Triumph – How to Make the Best Out of Sentenza No. 238 of the Italian Constitutional Court for a Global Order. European Journal of International Law Talk! Blog.Google Scholar
Peters, A. (2014b). Immune against Constitutionalism? In Peters, A. et al., eds., Immunities in the Age of Global Constitutionalism, Leiden: Brill, pp. 1–23.Google Scholar
Reus-Smit, C., ed. (2004). The Politics of International Law, Cambridge: Cambridge University Press.Google Scholar
Rochester, J. M. (2006). Between Peril and Promise: The Politics of International Law, Thousand Oaks, CA: CQ Press.Google Scholar
Russell Bernard, H. (2011). Research Methods in Anthropology: Qualitative and Quantitative Approaches, 5th edn, New York: Rowman & Littlefield.Google Scholar
Slaughter, A. (2004). Disaggregated Sovereignty: Towards the Public Accountability of Global Government Networks. Government and Opposition, 39, 159–90.CrossRefGoogle Scholar
Sloane, R. (2012). On the Use and Abuse of Necessity in the Law of State Responsibility. American Journal of International Law, 106(3), 447–508.Google Scholar

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