Practice free →
HomeLLMLawInternational Law › The doctrine of STATE IMMUNITY (sovereign immuni…

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_
Solve this in the app — LLM practice & 24k+ MCQs →
Related questions