Abstract
Author turns the attention to European regional regime of human rights protection. She deals with the analysis of the case law of the European Court of Human Rights in cases where the applicants' rights enshrined in the European Convention on Human Rights were allegedly restricted by the Contracting States due to the use of the rules on state immunity.
She concludes that the European Court in its decision making process applies the rules of general international law with reference to the jurisprudence of the International Court of Justice and the works of the International Law Commission of the United Nations. However, this practice is sometimes subject to criticism, inter alia, because of a different use of ius cogens in civil and criminal litigations.