Voyiakis, Emmanuel (2003) Access to court v state immunity. International & comparative law quarterly, 52 (2). pp. 297-332. ISSN 0020-5893
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.
|Additional Information:||© 2003 British Institute of International and Comparative Law|
|Library of Congress subject classification:||K Law > K Law (General)|
|Sets:||Departments > Law|
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