The Position of Foreign States before National Courts: Chiefly in Continental Europe

By Eleanor Wyllys Allen | Go to book overview

THE POSITION OF FOREIGN STATES BEFORE ITALIAN COURTS

ITALY is usually associated with Belgium as one of the states whose courts have taken the lead in differentiating between the public and private acts of sovereign states. They do not refuse to assume jurisdiction even over foreign states when the latter are engaged in acts belonging to the second category. In Italy, as in Belgium, the treatment of foreign states is but a reflection of the position of the local sovereign before his own courts. Both countries have experienced a reaction from the over-zealous insistence upon the. "separation of powers" of French revolutionary doctrinaires. Thus prior to 1865, when the great work of unifying the legislation of Italy was accomplished, differences between the state and individuals were of the exclusive competence of administrative tribunals. At that time, however, the doctrine of the immunity of the state gave way to the principle that all violations of civil rights were of the competence of the judiciary, whether the malfeasor was the state or an individual. The administrative tribunals were suppressed, and the state became subject to the jurisdiction of the ordinary courts whenever a violation of the rights of an individual by the state was claimed,1 irrespective of whether the act giving rise to the claim was a "public" or a "private" act.

Separation of Powers

The application of this general theory to foreign states, however, is qualified by concepts of sovereignty, equality and independence, so that the foreign state can be subjected to the local courts only for its "private" acts. The first courts to assume jurisdiction over foreign sovereign states seem to have disregarded this principle and to have assimilated foreign states with foreigners in general, witness the decision of the Civil Tribunal of Brussels of June 20, 1840.2 By 1878, how

____________________
1
Law of March 20, 1865, Annex E.
2
Société Générale pour favoriser l'Industrie Nationale v. Le Syndicat d'Amortissement, le Gouvernement des Pays-Bas, et le Gouvernement Belge, Pasicrisie, 1841-2-33, 34, and supra, p. 191.

-221-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Position of Foreign States before National Courts: Chiefly in Continental Europe
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 354

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.