Search results

206State immunity — Jurisdiction — Functional nature of immunity — Restrictive theory — Employment matters — State sued in respect of the dismissal of embassy driver — Whether entitled to immunity — The law of the Czech Republic

366State immunity — Functional immunity — Foreign State officials — Immunity from foreign criminal jurisdiction — Whether functional immunity applying to subordinate State officials — Customary international lawInternational criminal law — War crimes — Torture — Humiliating and degrading treatment — Gravity threshold — Universal jurisdiction — Afghanistan — Taliban — Afghan militaryJurisdiction — Universal jurisdiction — War crimes — Functional immunity — Foreign State officials — Immunity from foreign criminal jurisdiction — Whether functional immunity applying to subordinate State officials for war crimes committed abroad — Whether precluding criminal prosecution by domestic courtRelationship of international law and municipal law — General rules of international law — State immunity — War crimes committed by foreign State subordinate official in exercise of official functions to detriment of foreign national — Functional immunity — Whether precluding criminal prosecution by domestic courtWar and armed conflict — Non-international armed conflict — Afghan military in conflict with non-State armed groups, including Taliban — Law of armed conflict — The law of Germany

On February 15th 2012, the St. Antony, an Indian fishing boat, was fired by a passing ship, MT Enrica Lexie, in the Exclusive Economic Zone (EEZ) of India. The boat was fired by Vessel Protection Detachment (VPDs), Italian trained Navy personnels that were assigned to protect Italian maritime interest against piracy. This case has been long-disputed by Indian and Italian government because the fired happened in the Indian EEZ where India declares to have criminal jurisdiction. A serious concern also raised due to the deployment of Italian VPD which Italy considered as a State organ that is granted with functional immunity, onboard commercial vessel. This article is aimed to analyze the function of VPD in protecting the ship from piracy and the existence of functional are in international law by normative legal research. The challenges of using VPDs are while they are operating onboard a commercial vessel and sailing through territorial waters of some coastal states since the embarkation of armed military personnel on privately owned and operated vessels could diminish the merchant vessels' status under the right of innocent passage. The functional immunity of Italian VPD is still questioned, based on their status as a State organ and their conduct in this case as an "official" or "private" conduct.

PurposeThe purpose of this paper is to investigate the nature of functional involvement in the cross‐functional make or buy decision process.Design/methodology/approachThe paper is based on literature within the areas of cross‐functional make or buy decision processes as well as cross‐functional process research in general. The empirical part of the paper is a longitudinal and in‐depth case study, where the data are collected using interviews, documentation and observations. The data are analyzed using chronological patterns.FindingsFindings indicate a changing pattern between close collaborative integration during decision‐making phases and more interaction‐focused integration during data‐gathering phases. The benefits of this integration pattern mainly lay in the effective use of resources combined with increased decision quality.Research limitations/implicationsThe results are based on a large manufacturing company that produces complex products. It can be suggested that the scene researched by the authors may be common for companies in the same environment. However, it is a limited sample and future research would benefit from investigating different environments to establish whether the results are context‐specific or not.Practical implicationsFive phases are found in the make or buy decision process where resources are used differently. Also, different functions have different roles during these phases in order not to drain resources.Originality/valueThe paper helps clarify how functions integrate and use resources during different phases of the make or buy decision process and the cross‐functional benefits and effects. A conceptual model is developed that explains the effect of functional involvement during different types of integration.

623State immunity — Jurisdiction — Functional nature of immunity — Acta jure imperii and acta jure gestionis — Immunity confined to acta jure imperii — Failure of lower courts to take this limitation into account — The law of the Czech Republic