Türkiye Adalet Akademisi Dergisi

Yazarlar: Ayşe Füsun ARSAVA

Konular:Hukuk

Anahtar Kelimeler:Waiver of immunity,Basic principles of the constitution,New York agreement,London Debt Agreement.

Özet: The Italian constitutional court rejected the jurisdictional immunity of states in terms of international crimes in 2014 because of a violation of the basic principles of the constitution. This decision, contrary to the decision of the International Court of Justice which accepts the immunity of states, requires clarification of the relationship between the decisions of the Constitutional Court and the decisions of the Court of Justice. The questioning of the nature of the decisions of the International Court of Justice in accordance with the constitution left the Italian judiciary in a difficult position. The article sheds light on the immunity of states in the light of the reasons put forward by the Italian constitutional court and Germany.

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