Some Remarks on the Development and Consolidation of State Immunity in International Law
Sant' Anna Legal Studies STALS Research Paper 3/2018
20 Pages Posted: 2 Jun 2020
Date Written: 2018
Abstract
State immunity is an area that shows both the importance of international law for the conduct of international relations and the complex dynamics between law and politics. It is a crucial topic that has been the object of harsh critiques.
This paper reconsiders State immunity in light of the recent developments in some key decisions of international and domestic courts and tribunals. It is divided into two parts. After briefly introducing the concept of State immunity, it first analyses its development, and second assesses – and, to some extent, challenges – its alleged consolidation.
Keywords: State Immunity; Sovereign Immunity; Germany v. Italy; International Court of Justice; European Court of Human Rights; International Custom; UN Convention on the Jurisdictional Immunities of States and Their Property
Suggested Citation: Suggested Citation