ECON 1 Lecture Notes - Lecture 20: Justiciability, Diplomatic Law, State Immunity
Document Summary
If immunity is denied when it should be given, the state denying immunity may be held liable in international law before an international court and certainly incurs international responsibility. General conception of immunity and rationale in international law. Several theories for the basis of state immunity: (a) state immunity derives from the principle of sovereign equality of states, which as. Important point concerning state immunity it is supported by the practice of states. Today, the restrictive theory is adopted by a great many states. Advantages of restrictive theory: provides a remedy for aggrieved individuals while a, encourages the growth of trade and commerce. One ground of distinction might be the purpose of the transaction in respect of which immunity is claimed. If the purpose is to achieve an act of sovereignty immunity. If the purpose of the transaction is non-sovereign no immunity.
