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The Restrictive Theory of State Immunity in Lithuania: Reality or Illusion

The Restrictive Theory of State Immunity in Lithuania: Reality or Illusion and Contents 1. Introduction 2. The Origins of the Restrictive Theory of State Immunity in Lithuanian Law - Reflections of the V. Stukonis Case 2.1. The Grounds for the Perception of the Application of the Restrictive State Immunity Doctrine in Lithuania 2.2. Critical Analysis of the V. Stukonis Case 2.3. The Assumption of the Restrictive Jurisdictional Immunity of Foreign States 3. Current Trends in the Lithuanian Position on Foreign State Immunity - the Alicia Cudak (Senkevic) Case 3.1. The Background of the Alic�a Cudak (Senkevič) Case 3.2. Critical Evaluation of the Legal Reasoning of the Lithuanian Supreme Court: Comparative Approach 4. Conclusion 1. Introduction It is the State immunity doctrine, which has been chosen as the focus of this article. Whilst concentration been placed on the case law, falling within the scope of the subject matter, the major attempt of the analysis provided in the article is to find out whether the restrictive theory of the jurisdictional immunity of the State has been unconditionally applied in the recent cases heard before the Lithuanian Supreme Court and, consequently, whether this modern doctrine should without any reservations be regarded as forming part of Lithuanian legal reality. The restrictive theory of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Baltic Yearbook of International Law Online Brill

The Restrictive Theory of State Immunity in Lithuania: Reality or Illusion

Baltic Yearbook of International Law Online , Volume 5 (1): 22 – Jan 1, 2005

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-5897
DOI
10.1163/221158905X00052
Publisher site
See Article on Publisher Site

Abstract

and Contents 1. Introduction 2. The Origins of the Restrictive Theory of State Immunity in Lithuanian Law - Reflections of the V. Stukonis Case 2.1. The Grounds for the Perception of the Application of the Restrictive State Immunity Doctrine in Lithuania 2.2. Critical Analysis of the V. Stukonis Case 2.3. The Assumption of the Restrictive Jurisdictional Immunity of Foreign States 3. Current Trends in the Lithuanian Position on Foreign State Immunity - the Alicia Cudak (Senkevic) Case 3.1. The Background of the Alic�a Cudak (Senkevič) Case 3.2. Critical Evaluation of the Legal Reasoning of the Lithuanian Supreme Court: Comparative Approach 4. Conclusion 1. Introduction It is the State immunity doctrine, which has been chosen as the focus of this article. Whilst concentration been placed on the case law, falling within the scope of the subject matter, the major attempt of the analysis provided in the article is to find out whether the restrictive theory of the jurisdictional immunity of the State has been unconditionally applied in the recent cases heard before the Lithuanian Supreme Court and, consequently, whether this modern doctrine should without any reservations be regarded as forming part of Lithuanian legal reality. The restrictive theory of

Journal

Baltic Yearbook of International Law OnlineBrill

Published: Jan 1, 2005

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