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CNAA / Theses / 2022 / June /

Jurisdictional immunity of states


Author: Nica Alexandra
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2022
Scientific adviser: Diana Sîrcu-Scobioala
doctor habilitat, professor, Moldova State University
Institution:

Status

The thesis was presented on the 16 June, 2022
Approved by NCAA on the 30 September, 2022

Abstract

Adobe PDF document – 0.93 Mb / in romanian
Adobe PDF document – 0.80 Mb / in english

Thesis

CZU 341.6(043.3)

Adobe PDF document 2.24 Mb / in romanian
178 pages

Keywords

jurisdictional immunity of states, international litigation, case-law, International Court of Justice, European Court of Human Rights, jurisdictional ac

Summary

Structure of the thesis: introduction, 4 chapters, general conclusions and recommendations, bibliography which includes 165 sources, basic text of 153 pages, 5 attachments. The results of the research are exposed in 13 scientific articles, reports to scientific conferences, consolidated volume.

Goal of the thesis: consists in the multidimensional analysis of the jurisdictional immunity of states, with identification of its acceptations, definitions and peculiarities, namely through study of the acts adopted by national and international jurisdictions on the concrete cases.

Objectives of the research: identifying the current phase of affirmation of the jurisdictional immunity of states by reporting to the historical-evolutionary course; determination of the meanings of the immunity of state; defining the concept of the jurisdictional immunity of states; outlining current approaches to the jurisdictional immunity of states in the light of the ICJ and the ECtHR case-law; elucidation of examples of judicial practice in the application of jurisdictional immunity of states in the cases relating to the compensation for damages resulting from war crimes and crimes against humanity, from acts of torture and terrorism.

Scientific novelty and originality. The scientific novelty and originality of the thesis resides in finalization of a national doctrinal study on the jurisdictional immunity of states, with determination of its peculiarities and limits of its application through the analysis of solutions given by national and international jurisdictions. Obtained results that contribute to the solution of an important scientific problem: lies in conceptualization of the principle of jurisdictional immunity of states in the system of international law by identifying its particularities and limits of application by national and international courts, which leads to clarification for legal theorists and practitioners of the cases in which the courts are to recognize jurisdictional immunity to the foreign State, as well as the corresponding exceptions, in order to make the application of immunity uniform and to exclude divergent practice.

Theoretical meaning of the research. Present work has a consolidated scientific character, being focused on the peculiarities and limits of application of the jurisdictional immunity of states in the context of modern international public law. The scientific demarche develops an analytical view on the cases solved by national and international fora in relation to the states, their bodies and representing agents.

Practical value of the work. The research is targeting the public initiated in the field of international public law, law of international litigation, armed conflicts law. Undoubtedly, the thesis presents interest for theoreticians and practitioners of law and justice sectors, offering a solid platform for reflection on the limits of the jurisdictional immunity of states.

Implementation of the scientific results. The results, conclusions and recommendations formulated through this research had been enlightened in the texts of scientific articles published in specialised journals, approved at the national and international profile conferences, discussed at training sessions.