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

Автор(и)

  • Salwan Jaber Hashim

DOI:

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

Анотація

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.

Посилання

Muhammad Bashir Ash-Shafiyi. International Public Law On War and Peace. Egypt. 1979. P. 154. (In Arabic).

. UN Security Council Resolution No. 2178 "Threats to the International Peace and Security Created by Terrorist Acts".

Adopted on September 18, 2014. United Nations Official Website [Electronic Resource] URL: Http://Www.Un.Org/Ru /Documents/

Decl_Conv/ Conventions /Pdf/Responsibility.Pdf (access date: 23.03.2018).

Ali Sadiq Abu Al-Haif. International Public Law. Egypt. 1997. P. 72. (In Arabic).

Jasta (Justice Against Sponsors Of Terrorism Act) – Translated from English "Justice For the Sponsors of Terrorism".

Jasta – Mina Under America and the World Financial System / Http://Maxpark.Com/Community/Politic/Content/5492598

Alex J Belamy And Matt Mcdonald, « The Utility Of Human Security: Wich Humans§ What Security», Security Dialogue,

Vol 33, N° 03, September 2002, P 373-374.

- La », Presses

, 2007, P. 87.

Richard M. Price And Mark W. Zacher, The United Nations And Global Security, Palgrave Macmillan, 2004, Pp 254-256.

François Rubio, Is The Right Of Interference Legitimate? Editions Of The Grass, Grolly, 2007, P 30.

Tsagaris Konstantinos, The Right Of Humanitarian Interference, Thesis To Obtain The Dea International Law And

Communication, Faculty Of Legal, Political And Social Sciences, University Of Lille Ii, September 2001, Pp 33-34.

##submission.downloads##

Номер

Розділ

Мистецтвознавство