- Acta jure imperii — International organizations, practice and procedure — Compensation — Customary international law
This chapter critically examines the territorial tort exception in UNCSI, Article 12. With some understanding of its reach and any areas of inconsistency, it next evaluates the effect of the Jurisdictional Immunities judgment on this tort exception to State immunity. This evaluation of the ICJ judgment refers to the aspects mentioned above as they apply to a tort exception and apply it briefly to three well-known controversial areas of non-contractual delictual loss — loss arising from armed conflict, environmental loss, and loss resulting from violation of a procedural fundamental human right (violation of substantive human rights being barred by the ICJ ruling). The chapter then states whether the territorial tort exception continues today to represent a restriction on the bar of State immunity.
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