Divergent Views on State Immunity in the International Community

Tom Ruys and Nicolas Angelet (eds.), and Luca Ferro (ass. ed.), Handbook on Immunities and International Law (Cambridge University Press, 2019), pp.61-78.

21 Pages Posted: 29 Mar 2022

See all articles by Wenhua Shan

Wenhua Shan

Xi'an Jiaotong University (XJTU)

Peng Wang

Xi'an Jiaotong University School of Law

Date Written: 2019

Abstract

Despite the general trend toward the restrictive doctrine, states are still divided on the definition of the exact scope of, and the extent of exceptions to, state immunity. This reflects the different understandings by different states of the nature, foundations and functions of state immunity. The restrictive doctrine of immunity is yet to be established as a rule of customary international law, as the degree of restrictiveness and the boundary of the core concept of commerciality remain unclear, whilst the method to delimit the scope of exceptions to immunity is yet to be universally established. Further discussions and deliberations are required to address new issues in state immunity, such as anti-terrorism and tort liability, which may not neatly fit in the traditional dichotomy of an absolute vis-à-vis a restrictive doctrine of State immunity.

Keywords: State Immunity, Restrictive Doctrine, Absolute Doctrine, Customary International Law, Certainty, Flexibility

Suggested Citation

Shan, Wenhua and Wang, Peng, Divergent Views on State Immunity in the International Community (2019). Tom Ruys and Nicolas Angelet (eds.), and Luca Ferro (ass. ed.), Handbook on Immunities and International Law (Cambridge University Press, 2019), pp.61-78., Available at SSRN: https://ssrn.com/abstract=4033647

Wenhua Shan

Xi'an Jiaotong University (XJTU) ( email )

26 Xianning W Rd.
Xi'an Jiao Tong University
Xi'an, Shaanxi 710049
China

Peng Wang (Contact Author)

Xi'an Jiaotong University School of Law ( email )

28 Xianning West Rd.
咸宁西路28号西安交通大学法学院
Xi'an, Shaanxi 710049
China

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