International judgments and the italian legal order: Some comments on the italian Constitutional Court’s ruling on the issue of the jurisdictional
International judgments and the italian legal order: Some comments on the italian Constitutional Court’s ruling on the issue of the jurisdictional

Summary/Abstract: In judgment no 238/2014, the Italian Constitutional Court declared that the ICJ judgment on the Jurisdictional Immunities of the State may not be implemented in Italy, as the interpretation of international customary rules it upheld is incompatible with the fundamental principles shaping the identity of the Italian legal order. This contribution puts the judgment in the context of the dualist approach traditionally adopted by the Italian Constitutional Court, and analyses its impact at domestic and international level.

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