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Access to Justice vis-à-vis Immunities: The Austrian Constitutional Court’s OPEC judgment

Author(s)
Michael Beier
Abstract

One of the quintessential aspects of the rule of law is the aggrieved persons’ access to justice. At its core, this is guaranteed by the right to a fair trial to pursue civil rights in a court of law. On the other hand, international law provides for certain kinds of immunity from domestic jurisdictions for its subjects. In the last century, this area of international law has evolved, mainly, through state practice established by domestic courts. One of these national cases is the recent judgment of the Austrian Constitutional Court regarding the Organization of Petroleum Exporting Countries headquarters agreement.

Organisation(s)
Department of Innovation and Digitalisation in Law
Journal
ELSA Austria Law Review
Volume
8
Pages
23 - 30
No. of pages
8
ISSN
2522-6932
DOI
https://doi.org/10.33196/ealr202301002301
Publication date
10-2023
Peer reviewed
Yes
Austrian Fields of Science 2012
505029 International law, 505006 Fundamental rights, 505017 Comparative law
Keywords
Portal url
https://ucris.univie.ac.at/portal/en/publications/access-to-justice-visavis-immunities-the-austrian-constitutional-courts-opec-judgment(3d2e3271-2ddf-427a-958d-e365255a1eba).html