Tarptautinės valstybės imuniteto teisės aktualios problemos ; Relevant problems of the international law of state immunity

Abstract

Relevant Problems of The International Law of State Immunity The paper analyzes the relevant problems of the international law of state immunity. The necessity of the topic of work is emphasized by the new sources of international law on this issue, the relevant case law of the European Court of Human Rights concerning Lithuania, the need for analysis of new decisions of the International Court of Justice. Part 1 deals with the sources of the international law of state immunity, identifies sources of different types and contents, performs an analysis of development and the influence of the development on the contemporary attitude of the states. The state immunity subject reviewed in part 2 is identified by distinguishing it from similar immunities (head of state, diplomatic, consular immunities, as well as immunities of international organizations). The problem of qualification of state immunity is reviewed, different practices of states and the influence of the executive power on qualification of the subject is analyzed. Part 3 reviews the specifics of the criteria for state immunity exemptions. The practical application of these criteria, the burden of proof, the relationship between the nature of the dispute and the purpose as criteria are analyzed. Part 4 provides an overview of the international law of state immunity and the right to trial ratio, challenges and potential outcomes. The influence of International Court of Justice judgments and national legislation on this relationship is analyzed. There was found the significant human rights impact on the doctrine of state immunity restriction.