HUMAN RIGHT IN CONFRONTATION WITH STATE IMMUNITY
Journal Title: European Journal of Business and Social Sciences - Year 2014, Vol 3, Issue 3
Abstract
Human right is not only a political and moral concept but also a legal one. The origins and applicability of international law has been examined more and more by those who seek redress for historic human right violations committed. Also, various courts around the world are being asked to apply international law to these matters to determine whether reparations are due to atrocities committed long ago or not. Immunity of state is one of the important issues of international law for governments. As a result of the sovereign equity principle, no state accepted pursuing and proceeding in the courts of another states. The aim of the current research was to clarify the International Court of Justice’s (ICJ) point of view on immunity of state facing human right breach. The core finding of this paper showed that serious violations of human right do not justify denying state’s immunity. The International Court of Justice clearly acknowledged that state’s immunity is not dependent on the gravity of unlawful act.
Authors and Affiliations
Seyed Bagher Mirabbassi| Associate Professor, Department of Law, Tehran University, Tehran, Iran. Email: mirabbassi@parsilo.com, Fereshte Sadat Hosseiny| M. A. Student of International Law, Kermanshah Science and Research Branch, Islamic Azad University, Kermanshah, Iran. Email: hosseiny2012@yahoo.com, Fereshte Sadat Hosseiny| (Corresponding Author) M. A. Student of International Law, Kermanshah Science and Research of Branch, Islamic Azad University, Kermanshah, Iran. Email: hosseiny2012@yahoo.com Phone: +9809193074266
Keywords
Related Articles
- EP ID EP10433
- DOI -
- Views 352
- Downloads 21
SMART REGIONS IN ITALY: A COMPARATIVE STUDY THROUGH SELF– ORGANIZING MAPS
Regional performance currently seems to depend not only on the city’s combination of hard infrastructure (physical capital), but also on the availability and quality of knowledge and social infrastructure (human and...
THE INFLUENCE OF MASS-MEDIA UPON STUDENTS’ EDUCATION, A TWO-EDGED SWORD
This research paper aims to quantify the young people’s perception, in general, but mainly of the ones that still study in universities, namely if, and to what extent they consider the influence of the mass-media no...
EFFECTS OF NETWORK STRUCTURE ON PERFORMANCE OF MINOR EVENT MANAGEMENT VENTURES IN KENYA
The purpose of this research was to establish the relationship between network structure and performance of event management ventures (EMVs). Explanatory design was adopted. 271 entrepreneurs from three selected count...
EXPANSION PROCESSES AND THE IMPORTANCE OF DIMENSIONS RELATED TO SIZE
This paper discusses the objectives and nature of entrepreneurial expansion, with the aim of providing an understanding why firms are frequently engaged in expansion processes. The core issue discussed is: Is size an...
LIFE SATISFACTION AND SOCIAL SUPPORT AMONG PRIVATE AND GOVERNMENT SCHOOL TEACHERS
Background: The present study compared the Teachers of private sector and Government Sector on two scales; Life Satisfaction and Social Support. Methods: A purposive sample of 120 people (60 Private School Teachers a...