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
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
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
Absolute Theory:
Schooner
Exchange
(1812
USSC)
Restrictive theory:
I Congreso del Partido
[1983]
UKHL
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