Comment On The Issue Of State Immunity In The Case Of Germany V.italy In International Court Of Justice

The case of Germany v. Italy is a typical case about the state immunity, it has important research value and guiding significance. On December 23, 2008, Germany filed a lawsuit against Italy to the International Court of Justice. Germany asked the International Court of Justice verdict that Italy’s behavior violated Germany’s national immunity. From September 12 to September 16, 2011, the International Court of Justice heard the case. On February 3, 2012, International Court of Justice gave the final judgment on the case, it supported most of the Germany claims. This is the famous case of Germany v Italy in International Court of Justice.The state immunity is a right of a nation-state not to be forced by foreign in the international community based on their sovereignty. Legally entitled to the state immunity is an important content of the country’s political independence. But with the development of the international community, the theory of state immunity is improving, some states gradually abandoned the theory of absolute immunity, began to accept the theory of restrictive immunity gradually, they claimed that sovereign immunity should be exercised subject to certain restrictions. It is necessary to safeguard national sovereignty, but also to safeguard the basic human rights of harmony and the international community.In this paper, to research the State Immunity by taking the case of Germany v.Italy in International Court of justice for example, combined with the focus of controversy emerged in the case proceedings, focusing on various aspects of immunity from the body of immunity, the relationship between immunity and Jus Cogens or protection of human rights, etc. For these controversial issues, to put out my view based on the analysis of the current laws, theoretical knowledge and the view of some scholars.Finally, based on the summary of the research on controversial issues, combined with China’s specific national condition analyzing the impact of the case on the improvement of the relevant national laws and regulations, as well as the impact on civil claims against Japan.The typical case of Germany v Italy as the entry point is the innovation of this study.This paper detailed study of the issue of state immunity and its impact on China. In this way, it can concentrate its limited words, more in-depth analysis of the core issue of jurisdictional immunities of States.It is also the characteristics of the paper that the research method focusing on analyzing and summarizing the problem from cases.Based on the analysis of the above issues, combined with the views of scholars, we reached the following conclusions. Under the current international situation, we still have to pay attention to the protection of sovereign immunity, but it also should be appropriately limited. When dealing with sovereign immunity issue, in conjunction with specific events for analysis. In exceptional circumstances, the exercise of state immunity can not be contrary to the provisions of the international law. when addressing national immunity and protection of human rights, we must depend on the severity of the event but also to resolutely safeguard human rights. At the same time, every country should improve their national laws and regulations to provide the legal basis for the country to solve the question of immunity.