Colliding legal systems or balancing of values? International customary law on State immunity vs fundamental constitutional principles in the Italian Constitutional Court decision no 238/2014
Colliding legal systems or balancing of values? International customary law on State immunity vs fundamental constitutional principles in the Italian Constitutional Court decision no 238/2014 / Zoom Out
The relationship between the international and the municipal legal order: reflections on the decision no 238/2014 of the Italian Constitutional Court
By decision no 238/2014,[1] the Italian Constitutional Court (Consulta) declared that the customary rule on jurisdictional immunities of States, as ascertained by the judgment of the ICJ in the case Germany v Italy (2012),[2] and also the implementation of this judgment itself in the Italian legal order, would be unconstitutional. It would be contrary to...
Colliding legal systems or balancing of values? International customary law on State immunity vs fundamental constitutional principles in the Italian Constitutional Court decision no 238/2014 / Zoom Out
The judgment of the Italian Constitutional Court on State immunity in cases of serious violations of human rights or humanitarian law: a tentative analysis under international law
1. Introduction The judgment 238/2014, rendered by the Italian Constitutional Court has already been discussed by a number of Italian scholars. Differing opinions have been delivered on important aspects covered by this judgment[1], particularly on the legal consequences of a conflict between general international law and on the fundamental values of the Italian legal order[2]....
