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Access to court v state immunity

Voyiakis, Emmanuel (2003) Access to court v state immunity. International and Comparative Law Quarterly, 52 (2). pp. 297-332. ISSN 0020-5893

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Identification Number: 10.1093/iclq/52.2.297


This comment discusses three recent judgments of the European Court of Human Rights in the cases of McElhinney v Ireland, Al-Adsani v UK, and Fogarty v UK. All three applications concerned the dismissal by the courts of the respondent States of claims against a third State on the ground of that State's immunity from suit. They thus raised important questions about the relation the European Convention on Human Rights (the Convention)—especially the right to a fair trial and access to court enshrined in Arcticle 6(1)—and the law of State immunity.

Item Type: Article
Official URL:
Additional Information: © 2003 British Institute of International and Comparative Law
Divisions: Law
Subjects: K Law > K Law (General)
Date Deposited: 26 Sep 2011 09:26
Last Modified: 20 May 2021 00:42

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