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Part III The Current International Law of State Immunity, 10 The Definition of the Foreign State

Hazel Fox, Philippa Webb

From: The Law of State Immunity (Revised and Updated 3rd Edition)

Hazel Fox, QC, Philippa Webb

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 21 May 2024

Diplomatic relations — Heads of state and other senior officials — Act of state doctrine — Immunity from jurisdiction, absolute — Immunity from jurisdiction, execution of judgments — Immunity from jurisdiction, ratione materiae — Immunity from jurisdiction, ratione personae — Representation of states in international organizations — Recognition of governments — Jurisdiction of states, adjudicative — Jurisdiction of states, enforcement — States, independence

This chapter sets out definition of the State to which the rule of immunity applies, which is an important element in the operation of the rules and UNCSI's treatment of this subject. In conjunction with this, the chapter discusses two (of three) aspects of the State within the context of State immunity: the external attributes of the State as a legal person by reference to international law; and the internal attributes of the State, as determined by its constitutional and domestic law, which make up its internal structure comprising its organs, departments, agencies, and representatives. Both the external and internal attributes of statehood are also the subject of the general law relating to the State as a subject of international law.

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