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Nuclear Power Plant Injunction Case (No 2)
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 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
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- © Cambridge University Press 1991