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Nuclear Power Plant Injunction Case (No 2)

Austria.  02 March 1989 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Jurisdiction — Territorial — Tort committed outside jurisdiction — Effects within jurisdiction — Construction of nuclear power plant in Czechoslovakia — Threat of interference with land use in Austria — Action brought by Austrian landowner against Czechoslovakia for mandatory injunction to prevent construction — Whether municipal courts entitled to exercise jurisdiction

State immunity — Jurisdictional immunity — Action against foreign State for injunction to prevent construction of nuclear power plant — Whether foreign State entitled to jurisdictional immunity

State immunity — Attachment and execution — Enforcement of financial penalty against foreign State — Whether compatible with Article IX of Introductory Act to Austrian Jurisdictional Statute (EGJN)

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 principles of international law concerning State immunity into municipal law — Introductory Act to Austrian Jurisdictional Statute (EGJN), Article IX — The law of Austria

Type
Case Report
Copyright
© Cambridge University Press 1991

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