Tarptautinė viešoji teisė VDU (international public law), šeštos paskaitos konspektas 2016 EN

VI paskaita

We will continue talk about the procedure and one more part/aspect of procedures – immunity. To be immune means what? – we talked about Italian guy who was in slave labour camp in Nazi’s Germany. He gets a millions of Euros from Italian court and Germany sues Italy and says what? – that they are immune so this individual can’t sue Germany in Italy because Germany is a state and as a state is immune –has a sovereign immunity – that is traditional doctrine on international law. The creative argument Italy have around was –what about IUS COGENS? IUS COGENS would be good defence saying – this violates principles of slavery – under IUS COGENS you can’t allow slavery anywhere – that is this guy lawsuit is about – but the Germany answered – it doesn’t mean that this guy has no remedy –Italy could sue Germany, to protect one of their citizens.