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Hardcover The Human Rights Challenge to Immunity in International Law Book

ISBN: 3030929221

ISBN13: 9783030929220

The Human Rights Challenge to Immunity in International Law

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 Habr?Developments 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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