No CrossRef data available.
Article contents
Nuclear Power Plant Injunction Case (No 1)
Published online by Cambridge University Press: 01 January 2021
Abstract
Jurisdiction — Territorial — Tort committed outside jurisdiction — Effects within jurisdiction — Construction of nuclear power plant in Czechoslovakia — Threat of nuclear pollution in Austria — Action brought by Austrian landowner against Czechoslovakia for mandatory injunction to prevent construction — Whether municipal courts entitled to exercise jurisdiction — Test of whether proceedings in foreign State impossible or unreasonable
State immunity — Jurisdictional immunity — Action against foreign State for injunction to prevent construction of nuclear power plant — Activities jure gestionis and jure imperii — Whether construction or operation of nuclear power plant is a sovereign activity — Whether classification of activity to be made according to municipal or international law
Environment — Action against State regarding environmental damage — Transboundary nuclear pollution — Nuclear power plant whose operation threatens to damage private property — Whether landowner in neighbouring country entitled to obtain injunction to prevent construction
Relationship of international law and municipal law — Incorporation of customary international law into municipal law — Austrian Constitution, Article 9(1) — The law of Austria
- Type
- Case Report
- Information
- Copyright
- © Cambridge University Press 1991