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Hemmi, Martin J.

Weblaw AG

07.02.2020

Sachbuch

Weblaw16

9783966980746

The dissertation is dedicated to the complex relationship that exists between the privilege of a State not to be subjected to the civil jurisdiction of another State and the various international obligations imposed on a national court to grant victims of torture access to justice and remedy. Despite recent case law by both the International Court of Justice and the European Court of Human Rights in this matter, a need for further legal clarifications can be identified as victims of torture, inhuman, and degrading treatment continue to sue foreign governments in the domestic justice system of another State.

This monography elaborates whether a State still enjoys jurisdictional immunity in national civil proceedings when allegations of torture are raised, it describes potential legal mechanisms that would allow a national court to assess jurisdiction over a foreign court in reparation proceedings, and analyzes comprehensively whether the forum State, in whose courts reparation claims are introduced, finds itself at a crossway between irreconcilable international obligations.