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McElhinney v. Ireland

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image of Human Rights Case Digest

While there appeared to be a trend in international and comparative law towards limiting State immunity in respect of personal injury caused by an act or omission within the forum State, this practice was by no means universal. Further, it appeared that the trend might primarily refer to “insurable” personal injury, that is incidents arising out of ordinary road traffic accidents, rather than matters relating to the core area of State sovereignty such as the acts of a soldier on foreign territory which, of their very nature, might involve sensitive issues affecting diplomatic relations between States and national security.


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