Article

Immunities

Lorna McGregor

in International Law

ISBN: 9780199796953
Published online March 2012 | | DOI: http://dx.doi.org/10.1093/obo/9780199796953-0027
Immunities

More Like This

Show all results sharing these subjects:

  • International Law
  • International Courts and Tribunals
  • Private International Law and Conflict of Laws
  • Public International Law

GO

Show Summary Details

Preview

International law characterizes the immunities of states and their officials as procedural rules that prevent the adjudication of a dispute in a particular forum without speaking to the merits of the claim or absolving any underlying responsibility of the state and its officials. Immunity may also apply at the enforcement stage, to prevent the execution of a judgment rendered against a state or its officials. While sometimes conflated, international law sets out distinct categories of immunities that are justified for different reasons and available to varying degrees. With the exception of diplomatic immunity and the immunity of international organizations, most immunities are sourced in customary international law. These immunities are separated into various types, such as immunity of the state (or “sovereign” immunity, as it is sometimes called); immunity ratione materiae (“subject-matter” immunity); immunity ratione personae (“personal” immunity) of state officials; diplomatic immunity, as a special treaty-based regime; and the immunities of international organizations; which are usually provided in multilateral or bilateral agreements. As set out throughout this bibliography, immunity is an area that generates a significant amount of practice, with the consequence that the literature on immunity tends to appear in clusters, following litigation or law reform in a particular state or internationally.

Article.  6331 words. 

Subjects: International Law ; International Courts and Tribunals ; Private International Law and Conflict of Laws ; Public International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.