LAWS259 Lecture Notes - Lecture 8: State Immunity, Sanctity Of Life
14 Jul 2020
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Document Summary
Required readings: brownlie chaps 22 and 17. Ch 22 privileges and immunities of foreign states. Evolution of the international law of immunity: the law in context, rationales for state immunity, current state of the law. Individuals: foreign states as claimants, foreign states as respondents. Other local private law claims: criminal jurisdiction, waiver of immunity. Further concerns and issues: defendant state concerns, state immunity and peremptory norms. Since 1945 state immunity has been transformed from a topic with few straightforward riles in which immunity dominated subject to limited exceptions, established and asserted. To an extent the result is a body of law better adapted to widespread state involvement in commerce and more generally to increased transnational interactions. The jure gestuonis and jure imperii distinction has been established and absolute immunity of serving senior officials affirmed. A measure of security has thereby been established both for commercial private law" arrangements and for public international dealings.
