Immunity from Civil Jurisdiction: Where Do We Go from Here? Assessing the Relevance of Recent Opposing Trends in the Conceptualisation of State Immunity

33 Pages Posted: 6 Feb 2017

See all articles by Stefano Dominelli

Stefano Dominelli

Università degli Studi di Genova; University of Milan, Dep. of International, Legal, Historical and Political Studies

Date Written: January 31, 2017

Abstract

Traditional rules concerning the immunity of States from jurisdiction are currently challenged by Italian domestic courts, seeking the possibility to provide exceptions to foreign immunity based upon the gravity of the foreign State’s conduct and the consequences on human rights following recognition of State immunity. Such a trend is opposed to others that – for example – recognize a blanket of immunity to international organisations even where these do not establish internal procedures to adjudicate their conducts. The aim of the present work is to reconstruct the opposing emerging trends so to reflect on their value in the promotion of new rules, and to determine their consequences in terms of “crisis of the law of State immunity”.

Keywords: International Law, Immunity, Human Rights, International Organisations, Evolutionary trends, Westphalian Model

Suggested Citation

Dominelli, Stefano, Immunity from Civil Jurisdiction: Where Do We Go from Here? Assessing the Relevance of Recent Opposing Trends in the Conceptualisation of State Immunity (January 31, 2017). European Society of International Law (ESIL) 2016 Annual Conference (Riga), Available at SSRN: https://ssrn.com/abstract=2911994 or http://dx.doi.org/10.2139/ssrn.2911994

Stefano Dominelli (Contact Author)

Università degli Studi di Genova ( email )

Via Vivaldi 5
Genova, 16126
Italy

University of Milan, Dep. of International, Legal, Historical and Political Studies ( email )

Via Vivaldi 5
Genova, 16126
Italy

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
175
Abstract Views
843
rank
202,874
PlumX Metrics