2012
Jurisdictional Immunities of the State - Viorel Chiricioiu
Abstract: States, as main subjects of international law, are holders of sovereignty, which allows them to act as absolute equals on the international scene, regardless of certain economic, social or cultural criteria. A part of this sovereignty is represented by the jurisdictional immunity enjoyed by any State for its acts of power (acta jure imperii): it cannot be held liable before another State’s national courts. As shown by the International Court of Justice in its judgment of 3 February 2012, immunity still applies in case of human rights violations by a State acting as a sovereign. This idea is supported by the purposes of the United Nations, encouraging cooperation and mutual understanding between States.
Keywords: sovereignty, equality, jurisdiction, immunity, jure imperii, jure gestionis, International Court of Justice
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