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Part I General Concepts, 1 The Institution of Proceedings and the Nature of the Plea of State Immunity

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: 22 May 2024

Diplomatic immunity — Immunity from jurisdiction, international organizations — Acta jure imperii — Acta jure gestionis — Immunity from jurisdiction, ratione personae — Immunity from jurisdiction, states — Immunity from jurisdiction, waiver — Amicus curiae — Non-justiciability — Sovereignty — Customary international law — Opinio juris

This introductory chapter examines the nature of the plea of immunity and locates it as a preliminary procedural plea in relation to other preliminary pleas in national proceedings. The plea of State immunity prevents a foreign State being made party to proceedings in the national court of another State directly, or indirectly by the bringing of proceedings against its property, and thereby preventing the subjection of an independent State to proceedings in another country relating to a dispute about its activities. The recognizable attributes of a plea of State immunity are that it is a plea, that these are proceedings brought in a court, that they are against a foreign State, and that which by law results in the refusal of the forum court to hear the case.

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