CO SCI 136 Lecture Notes - Lecture 20: Peremptory Norm, State Immunity, Absolute Immunity
Document Summary
State has full and absolute jurisdiction within its own territory: can enforce its laws and regulations over all matters and individuals. The principles of immunity from national jurisdiction are applied by national courts pursuant to national law: under certain circumstances a state should refrain from exercising jurisdiction because of immunity, state immunity. Adjudicative jurisdiction: the jurisdiction of a court to render a judgement in a matter that involves a foreign state. State immunity from adjudication a state cannot be sued before a foreign national court unless it gives its consent. Enforcement jurisdiction: the administrative and executive powers by whatever measures or procedures and by whatever authorities if the forum state. States includes the state + various organs of government. Distinction between sovereign and commercial acts in adjudicative jurisdiction: now, restrictive immunity distinction between acts jure imperii and acts jure gestionis. Immunity ratione personae (personal: because of the position one has, he"s immune.
