LAWS 2601 Study Guide - Final Guide: Motu Proprio, Erga Omnes, Montevideo Convention
30 Nov 2017
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Laws 2601 trevor final exam review sheet: immunity ratione materaie - immunity granted to individuals who perform certain functions of state. ie. diplomatic immunity. Pinochet case - he authorized numerous acts of torture, he was protected while in office, but was not protected when he left office. The moment an individual leaves office they are liable to the crimes committed before and after their term in office as well as while they were in office. This immunity is attached to the official acts that are being carried out by the state representative, these acts are truly governmental in nature and are jus imperii acts (public acts) and not jus gestionais (commercial acts). No other state can intervene on the sovereignty of another. Peace of westphalia - eius religio - he who rules determines the religion of the land. All states have the right to sovereignty, however, it is not an absolute right.
