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State and individual immuInternational LawDr Nicolas Kang-Riou
ObjectivesPresent how international law limits the capacity for one State to sue another State in front of its own tribunalsDiscuss how individuals are protected from legal suit because of their diplomatic status
Definition: state immunityProcedural barrier to any lawsuit against a foreign State in jurisdiction of the English courts. par in parem non habet imperium(Equals have no sovereignty over each other)State Immunity Act 1978 s.1(1)A State is immune from the jurisdiction of the courts of the United Kingdom except as provided in the following provisions of this Part of this Act.
Art. 1 UN Convention on Jurisdictional Immunities of States and Their property 2004(i) the State and its various organs of government;(ii) constituent units of a federal State or political subdivisions of the State, which are entitled to perform acts in the exercise of sovereign authority, and are acting in that capacity; (iii) agencies or instrumentalities of the State or other entities…(iv) representatives of the State acting in that capacity;
Distinctionsnon-justiciability and immunityBuck v A-G  Ch 745.immunity from jurisdiction and immunity from execution
From absolute to restrictive immunityThe problem with absolute immunity : how to deal with increasing state commercial activities without putting private partners into a significant disadvantage?