The Pinochet judgment fifteen years on

Book chapter


Barker, JC. (2014). The Pinochet judgment fifteen years on. in: Green, J and Waters, C (ed.) Adjudicating International Human Rights: Essays in Honour of Sandy Ghandhi Leiden, The Netherlands Brill. pp. 50-68
AuthorsBarker, JC.
EditorsGreen, J and Waters, C
Abstract

Fifteen years after the Pinochet judgment this chapter will identify the key arguments in our original article and test that analysis against the present day State of international and domestic law, particularly within the context of the highly controversial relationship between immunities and human rights. Additionally, this chapter will seek to further analyse the judgment against recent case law emanating from domestic courts, the European Court of Human Rights and the International Court of Justice (ICJ). The analysis will also briefly consider the alternatives to the constant challenges to immunity from jurisdiction that have the potential further to undermine what is an important procedural safeguard in the conduct of international relations.

Page range50-68
Year2014
Book titleAdjudicating International Human Rights: Essays in Honour of Sandy Ghandhi
PublisherBrill
Place of publicationLeiden, The Netherlands
ISBN9789004261174
Publication dates
Print01 Nov 2014
Publication process dates
Deposited20 Feb 2018
Digital Object Identifier (DOI)doi:10.1163/9789004261181_005
Accepted author manuscript
License
CC BY 4.0
Permalink -

https://openresearch.lsbu.ac.uk/item/8776z

  • 3
    total views
  • 25
    total downloads
  • 2
    views this month
  • 2
    downloads this month

Related outputs

Substantive International Criminal Law
Barker, JC., Van Der Wilt, H and Myers, B (2018). Substantive International Criminal Law. in: Nollkaemper, A, Reinisch, A, Janik, R and Simlinger, F (ed.) International Law in Domestic Courts Oxford Oxford University Press. pp. 542-576
In Praise of a Self-Contained Regime: Why the Vienna Convention on Diplomatic Relations Remains Important Today
Barker, JC. (2017). In Praise of a Self-Contained Regime: Why the Vienna Convention on Diplomatic Relations Remains Important Today. in: Behrens, P (ed.) Diplomatic Law in a New Millennium Oxford Oxford University Press. pp. 23-42
Shared foundations and conceptual differentiation in immunities from jurisdiction
Barker, JC. (2015). Shared foundations and conceptual differentiation in immunities from jurisdiction. in: Orakhelashvili, A (ed.) Research Handbook on Jurisdiction and Immunities in International Law Cheltenham Edward Elgar Publishing. pp. 185-204
Who cares? Dag Hammarskjold and the limits of responsibility in international law
Barker, JC. (2014). Who cares? Dag Hammarskjold and the limits of responsibility in international law. in: Stahn, C and Melber, H (ed.) Peace diplomacy, global justice and international agency: rethinking human security and ethics in the spirit of Dag Hammarskjöld Cambridge Cambridge University Press. pp. 508-535
The teaching of international law: fragmentation or cohesion?
Barker, JC. (2014). The teaching of international law: fragmentation or cohesion? in: Anderson, R, Chalmers, J and Macleod, J (ed.) Glasgow Tercentenary Essays: 300 Years of the School of Law Glasgow Avizandum Publishing.
The function of diplomatic missions in times of armed conflict or foreign armed intervention
Barker, JC. (2012). The function of diplomatic missions in times of armed conflict or foreign armed intervention. Nordic Journal of International Law. 81 (4), pp. 387-406.