Immunity - Copy.pdf - Immunity 1 Sovereign\/State immunity 2 Immunity of individuals representing the state Head of State Head of Govt Foreign Minister 3

Immunity - Copy.pdf - Immunity 1 Sovereign/State immunity...

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Immunity 1.Sovereign/State immunity 2.Immunity of individuals representing the state: Head of State, Head of Govt, Foreign Minister 3.Diplomatic and Consular immunity
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1. Sovereign Immunity Right of the state and its representatives to immunity from the jurisdiction of other states Applies to person of sovereign/head of state and to legal construct of the state Immunity increasingly curtailed in commercial activities international crimes? territorial torts? Failure to accord a right to immunity: an internationally wrongful act
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UN Convention on Jurisdictional Immunities of States and their Property 2004 State enjoys immunity, in respect of itself and its property, from the jurisdiction of the courts of another State subject to the provisions of the present Convention. (Article 4A) acta iure imperii v a cta iure gestionis Absolute v restrictive theories of immunity Immunity from jurisdiction v. from enforcement
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Absolute Theory: Schooner Exchange (1812 USSC)
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Restrictive theory: I Congreso del Partido [1983] UKHL
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