ECHR

The human right to water: defences to investment treaty violations

At times, and for a variety of reasons, states will regulate the market in the furtherance of public-policy objectives—including to implement specific human rights obligations. Where investment agreements are in place, these kinds of measures may trigger an investor’s claim … Continue reading

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Filed under ECHR, International Human Rights, Investment Arbitration

English Court of Appeal confirms that the estate of a head of state who dies in office enjoys immunity only in respect of official acts

In the recent decision of Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz [2015] EWCA Civ 481, the English Court of Appeal (the Court) confirmed that the immunity afforded by the UK State Immunity Act 1978 (the … Continue reading

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Filed under ECHR, News, Sovereign Immunity/State Immunity, State Immunity, UK

UK Government plan to replace the English Human Rights Act with a British Bill of Rights

After winning an outright majority at the general election, the new UK Government is pressing ahead with its manifesto promise to “scrap the Human Rights Act and introduce a British Bill of Rights“. However, few details have emerged about precisely … Continue reading

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The erosion of state and diplomatic immunity by European law? Two recent English Court of Appeal cases

In the case of (1) Benkharbouche and (2) Janah v (1) Embassy of the Republic of Sudan and (2) Libya, the English Court of Appeal (the Court) considered the claims by employees of the embassies of Sudan and Libya, that … Continue reading

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Filed under ECHR, Europe, International Human Rights, Sovereign Immunity/State Immunity, State Immunity

Constitutional rights vs. state immunity: implementation of an ICJ decision on sovereign immunity declared unconstitutional

A recent decision by the Italian Constitutional Court calls into question the applicability of generally accepted principles of sovereign immunity to acts where the relevant state action is particularly egregious violating constitutional rights. It may be possible for claimants to … Continue reading

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Filed under ECHR, ICJ, Sovereign Immunity/State Immunity, State Immunity