DOI: https://doi.org/10.32461/2226-3209.1.2018.178188

INTERNATIONAL AND LEGAL IMPORTANCE OF THE LAW OF “JASTA”(The case of Iraq is a model)

Salwan Jaber Hashim

Abstract


Abstract. In the article the authors analyze the scope of the American Law "on combating terrorism and
providing justice to victims of terrorism and other purposes", its international legal, political and economic consequences in the context of International Relations. The authors conclude that the concept of functional immunity, according to which a foreign state enjoys immunity only when it performs sovereign functions (actions of jure imperii), if the state commits acts of a private nature (actions of jure gestionis), it does not enjoy immunity, continues its development in international relations. The adoption of legislative acts concerning jurisdiction of national courts of foreign States to foreign countries can lead to negative legal, political and economic consequences, but can also be a tool of political pressure and struggle. The compensation of victims of terrorism is in conformity with the purposes and purposes of the United Nations, since this compensation is intended to protect human rights and put an end to their violation, especially as human rights are one of the most important purposes of the United Nations, as stated in the
second preambular paragraph of the United Nations Charter.
Key words: terrorism, jurisdiction, state immunity, JASTA, international law, international custom, Victims of terrorism, Compensation.


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