Overview

This book focuses on the tension between the protection of human rights recognised as jus cogens (peremptory) norms, on the one hand, and the bestowal of immunity on the state and its representatives, on the other, to ascertain how these immunities can be eroded, if not fully abolished, to maintain full protection of jus cogens human rights under international law. The book argues that immunity should not equate to impunity when violations of jus cogens human rights are committed by States, Heads of State, or diplomatic agents. To make the case, the organic structures of the concepts of sovereignty and fundamental human rights are examined. Then, the human rights-based challenge to immunity is presented with respect to State, Head of State and diplomatic immunity, and the transition from a state-centric system to a human-centric system is explored. Jus cogens norms are at the centre of the impunity versus immunity debate.

Full Product Details

Author:   Selman Özdan
Publisher:   Springer Nature Switzerland AG
Imprint:   Springer Nature Switzerland AG
Edition:   1st ed. 2022
Weight:   0.288kg
ISBN:  

9783030929251

ISBN 10:   3030929256
Pages:   202
Publication Date:   14 February 2023
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Chapter 1: IntroductionBackgroundMotivation and Approach of the BookStructure of the BookNotesReferences Chapter 2: From a State-Oriented to a Human-Oriented ApproachSovereigntyState Sovereignty under International LawGrowing Tension Between Human Rights and State SovereigntyConclusionNotesReferences Chapter 3: Human Rights Recognised as Jus CogensEvolving Human Rights to International Legal DimensionThe Concept of Jus Cogens NormsHierarchy among Human Rights with respect to Jus CogensDifferentiation of Jus Cogens Human Rights from Non-DerogabalityHuman Rights Recognised as Jus CogensConclusionNotesReferences Chapter 4: State Immunity or State Impunity in cases of Jus Cogens ViolationsBases of State ImmunityState Immunity under International LawAbsolute and Restrictive ImmunityControversial ExceptionsTension between State Immunity and Violations of Jus Cogens NormsPicking Holes in the ICJ JudgmentConclusionNotesReferences Chapter 5: A Critique of the Demise of Heads of State Immunity in the Age of Human RightsIdentification of Head of StateQuestion of Head of State Immunity: Pinochet, Taylor, and HabréDevelopments of Head of State Immunity in International Legal SystemThe Problem of Head of State Immunity in relation to Violations of Jus Cogens NormsEnding Impunity for Heads of StateConclusionNotesReferences Chapter 6: Human Rights versus Diplomatic ImmunityOn DiplomacyDevelopment of Diplomatic Immunity in International LawTheoretical Grounds for Diplomatic ImmunityDiplomatic ImmunityEfforts to Limit Diplomatic Immunities Provided by the Vienna ConventionPersonal and Functional Immunities for Diplomatic AgentsDiplomatic Immunity versus Diplomatic ImpunityConclusionNotesReferences Chapter 7: ConclusionNotesReferences

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Author Information

Selman Özdan is Assistant Professor in the School of Law at Ondokuz Mayıs University, Turkey, where he is Head of Department for Public International Law. Previously, he worked at Erciyes University School of Law. He is a member of the Society of Legal Scholars and Case Western Reserve University Law Alumni Association. His most recent book chapter appeared in The Epistemology of Deceit in a Postdigital Era: Dupery by Design (2021).

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