"Article 6 of the European Convention on Human Rights and State Immunity"

Details

Supervisors

Dopagne, Frédéric

Faculty

Faculté de droit et de criminologie

Degree label

Master de spécialisation en droit international

Abstract

The purpose of this work was to explore the meeting point between the rule of international law par in parem non habet imperium, which goes back in past as explained, embodied in the concept of State immunity on the one side, and fundamental human right to access to justice, particularly as guaranteed by the ECHR in the Article 6, on the other side. Both rules discussed come with their own aim and purpose, nevertheless, both rules are part of some general acceptance among the international community of States. However, the main question is, does State immunity represent a peril to individuals on their way to benefit from the right to a fair trial. With that being asked, one has to admit that the rule of State immunity without any doubt represents an obstacle for the plaintiffs desire to bring a proceeding against a foreign State in forum State court. However, this does not necessarily mean a violation of the human right to a fair trial.