The doctrine of STATE IMMUNITY (sovereign immunity) prevents one State from being subject to:
Answer & Solution
Correct answer: B.
1. STATE IMMUNITY (also called sovereign immunity): the rule that one State cannot be subject to the jurisdiction of the courts of another State without its consent.
2. Originally ABSOLUTE; now RESTRICTIVE — exceptions for: (i) commercial transactions (acta jure gestionis); (ii) employment contracts; (iii) real property situated in forum State; (iv) waiver.
3. The UN Convention on Jurisdictional Immunities of States and Their Property 2004 (not yet in force) codifies the restrictive approach.
4. In Jurisdictional Immunities of the State (Germany v. Italy), 2012 ICJ Rep 99, the ICJ held that customary international law does NOT recognise an exception to State immunity for serious violations of jus cogens norms (controversial holding).
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — Customary international law; UN Convention on Jurisdictional Immunities of States 2004; Jurisdictional Immunities of the State (Germany v Italy), 2012 ICJ Rep 99_
Related questions
In the ASYLUM CASE (Colombia v Peru), 1950 ICJ Rep 266, the ICJ addressed the question of The doctrine of 'RESPONSIBILITY TO PROTECT' (R2P), adopted by the World Summit in 2005, reArticle 25 UN Charter establishes that decisions of the SECURITY COUNCIL are:Under Article 31(3) VCLT, in addition to context, the following shall be taken into accounThe MOON TREATY 1979 (Agreement Governing the Activities of States on the Moon and Other CUnder Article 5 of the CONVENTION AGAINST TORTURE 1984 (CAT), each State Party shall take EXTRADITION (the formal surrender of a fugitive by one State to another for prosecution orThe RIGHT OF INNOCENT PASSAGE through the territorial sea (Articles 17-32 UNCLOS) means pa