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19 - Jurisdictional Immunities

from Part III - The Impact of the ICJ’s Jurisprudence

Published online by Cambridge University Press:  18 May 2023

By
Roger O’Keefe
Edited by
Carlos Espósito  and
Kate Parlett
Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

The ICJ’s contribution to the law on jurisdictional immunities is elucidated by Professor Roger O’Keefe. He argues that, through its case law in this area, the ICJ has affirmed basic aspects of the international law of jurisdictional immunities, clarified a few more specific points, and variously crystallised, consolidated, and catalyzed the further development of important customary rules on controversial issues in relation to civil and criminal proceedings respectively. Through its work in this field, the Court has reasserted an orthodox, possibly conservative vision of the role of jurisdictional immunities in the international legal order.

Keywords

jurisdictional immunitiesState immunity from civil jurisdictionimmunity from recognition and enforcement of a foreign judgmentimmunity from measures of constraintimmunity of State officials from foreign criminal jurisdictionimmunity of experts on mission for the United Nations
Type
Chapter
Information
The Cambridge Companion to the International Court of Justice , pp. 431 - 447
Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Foakes, J., The Position of Heads of State and Senior Officials in International Law (Oxford University Press, 2014).Google Scholar
Fox, H. and Webb, P., The Law of State Immunity, revised and updated 3rd edn (Oxford University Press, 2015).Google Scholar
O’Keefe, R., ‘Jurisdictional Immunities’ in Tams, C. J. and Sloan, J. (eds.), The Development of International Law by the International Court of Justice (Oxford University Press, 2013) 107.Google Scholar
O’Keefe, R. and Tams, C. J. (eds.), The United Nations Convention on Jurisdictional Immunities of States and Their Property: A Commentary (Oxford University Press, 2013).Google Scholar
Orakhelashvili, A. (ed.), Research Handbook on Jurisdiction and Immunities in International Law (Edward Elgar Publishing, 2015).Google Scholar
Peters, A., Lagrange, E., Oeter, S. and Tomuschat, C. (eds.), Immunities in the Age of Global Constitutionalism (Brill, 2014).Google Scholar
Ruys, T. and Angelet, N. (eds.), The Cambridge Handbook of Immunities and International Law (Cambridge University Press, 2019).Google Scholar
Volpe, V., Peters, A and Battini, S (eds.), Remedies against Immunity? Reconciling International and Domestic Law after the Italian Constitutional Court’s Sentenza 238/2014 (Berlin: Springer, 2021).CrossRefGoogle Scholar
Xiaodong, Y., State Immunity in International Law (Cambridge University Press, 2012).Google Scholar

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