Aansprakelijkheid en de grenzen van internationaal recht
Foreign state official immunity back in Strasbourg: will sovereign rights trump human rights?
On 22 December 2023, lawyers acting on behalf of Dutch-Palestinian citizen Ismail Ziada filed an application against the Netherlands before the European Court of Human Rights (ECtHR). They submitted that the Netherlands violated Mr Ziada’s right of access to justice as a result of its courts granting functional immunity to Israeli generals in a civil…
Read moreAttaching sovereign wealth fund assets: does state immunity apply?
Sovereign wealth funds (SWFs) currently have more than 10 trillion USD in assets under management. The sheer size of these assets obviously makes them an attractive target for international creditors who have obtained a favorable arbitral award in a dispute with the state controlling the SWF. However, when executing the award against assets of a…
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