Certain Unresolved Aspects of the Law of State Immunity

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI:
Certain Unresolved Aspects of the Law of State Immunity

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The law of state immunity has changed very significantly over the last twenty years. Legal development often occurs because a new international law topic has burst upon the scene, or because pressures have mounted from numerically important states who find the old law unsatisfactory. The evidences of international law to be gleaned from domestic legislation may properly be categorised (to use the terminology of Article 38 of the Statute of the Court) as state practice, or as general principles of law. This chapter explores certain unresolved aspects of the law of state immunity, focusing on Europe (with special emphasis on the United Kingdom) and the United States. These issues will have to be resolved if the attempt at codification, which is now proceeding at the International Law Commission, is to succeed, states this chapter. Among these are the continuing problems associated with the distinction between acta jure imperii and acta jure gestionis, the problem of ‘territorial connection’, and execution of state property.

Keywords: Europe; United States; United Kingdom; state immunity; international law; codification; acta jure imperii; acta jure gestionis; state property; territorial connection

Chapter.  6080 words. 

Subjects: Public International Law

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