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Edited by Anne Peters, Evelyne Lagrange, Stefan Oeter and Christian Tomuschat

The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’.
Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance.

Contains chapters in both English and French.

Henry G. Schermers and Niels M. Blokker

community law takes precedence over national law, and that the provisions of directly applicable Andean community law render conflicting national legislation inapplicable. 275 e. The European Court of Human Rights 276 §625  The European Convention for the Protection of Human Rights and Fundamental Freedoms

Henry G. Schermers and Niels M. Blokker

European Court of Human Rights. It is not bound, in so far as it does not have systematically to take into account, as regards fundamental rights under Community law, the interpretation of the Convention given by the Strasbourg authorities”. 69 Thus, in the absence of accession by the EC/EU, the Court has

Henry G. Schermers and Niels M. Blokker

been authoritatively concluded that key European treaties are of a constitutional nature. For example, in 1986 the European Court of Justice referred to the (then) EEC Treaty as “a basic constitutional charter”; 57 and in 1995 the European Court of Human Rights described the European Convention on

Henry G. Schermers and Niels M. Blokker

Minister), and that the tribunal must be independent (and not be bound by a governmental rule). 64 The same position was taken by the European Court of Human Rights, which held that Article 6.1 of the European Convention on Human Rights had been breached, as the Conseil d’Etat had not acted as an

Henry G. Schermers and Niels M. Blokker

representatives of the Commission were sent to Cyprus, and in several fact-finding missions to Turkey during the last years of the Commission’s existence. 210 The ‘new’ European Court of Human Rights, in operation since November 1998, may also decide to carry out investigations on the spot, at any stage of the

Henry G. Schermers and Niels M. Blokker

accept the decision to remove him from his post and initiated proceedings before the Court of First Instance and – on appeal – the Court of Justice. His claims were rejected. Subsequently he lodged a complaint against the EU member states before the European Court of Human Rights, where his application

Henry G. Schermers and Niels M. Blokker

organizational requirement, and has been emphasized in the context of other international organizations. 357 Similar issues arise in the relationship between other Council of Europe bodies and the European Court of Human Rights. 358 An example is the European Commission for Democracy through Law (the ‘Venice

Henry G. Schermers and Niels M. Blokker

judges of the International Court of Justice, the International Tribunal for the Law of the Sea, the International Criminal Court, and the European Court of Human Rights are appointed for nine years, 401 those of the Court of Justice of the EU and the Inter-American Court of Human Rights for six years