State Immunity

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Editorial: Germany v Italy: Jurisdictional Immunities – Redux (and Redux and Redux)

Will we ever see closure to this saga at the center of which one finds the somewhat controversial decision of the ICJ of 2012 and the very controversial decision of the Italian Constitutional Court of 2014 rebuffing that decision? There is no need to recap fully the endless ‘puntatas’ in this story which have been followed assiduously, like a successful series on Netflix, not least on EJIL Talk! (see here and here and here and here and here and here and here). I will just mention, since this is germane to my argument, that Italy and Germany had reached a settlement in the 50s and 60s, through treaties, on agreed compensation for all German crimes during WWII which would preclude any further claims by Italy. Far from a King’s ransom but the Italians accepted it. Germany duly paid what was agreed. Italy ‘unduly’ spent the money on post war reconstruction rather than compensate individual victims. Plaintiffs tried unsuccessfully…

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EJIL: The Podcast! Episode 12 – “No Licence to Kill”

In this episode, Marko Milanovic, Philippa Webb and I discuss the legal issues that arise from targeted killings conducted by states outside their territory. We begin with a discussion of the recent blockbuster judgment of the European Court of Human Rights in the case concerning Alexander Litvinenko (Carter v. Russia, no. 20914/07, 21 September 2021). In that…

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‘Yet, it moves…’: The Dynamic Evolution of State immunity in the ‘Comfort Women’ case

Introduction                            On 8 January 2021, the Central District Court of Seoul, Republic of Korea (South Korea), ordered the Japanese government to compensate 12 South Korean victims in respect of sexual slavery perpetrated by members of the Imperial Japanese Army during the Japanese occupation of parts of Asia until the end of WWII (case n.

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EJIL: The Podcast! WHO Let the Bats Out?

Episode 2 of EJIL: The Podcast! is now available. In this episode, Sarah Nouwen, Marko Milanovic, Philippa Webb and I, are joined by Gian Luca Burci, former Legal Counsel of the World Health Organization (WHO), to discuss what international health law provides in relation to preparation for and responses to pandemics. We…

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EJIL: The Podcast!

The European Journal of International Law has taken a new step in increasing its offerings that contribute to the analysis of issues of international law. In addition to the Journal and this blog, EJIL:Talk!, which was established in 2008, the Journal also has a series of video interviews, EJIL:Live! This week, we have started EJIL: The Podcast!…

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