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Part I General Concepts, 2 The Three Models of the Concept 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: 25 June 2024

Subject(s):
Immunity from jurisdiction, absolute — Immunity from jurisdiction, execution of judgments — Acta jure imperii — Acta jure gestionis — Countermeasures — Development — Sovereignty — Erga omnes obligations — Peremptory norms / ius cogens — States, equality — Jurisdiction of states, universality principle — Recognition — States, independence

This chapter analyses the evolution and reformulation of international law principles of equality and independence and the consequent change in the extent of State immunity as a plea barring the bringing of proceedings against a foreign State in national courts via three models. The First Model, the absolute doctrine, is concerned with the immunity from proceedings in national courts by reason of the independent status of the foreign State; the Second Model, the restrictive doctrine, traces the limitation of immunity to the State's exercise of public powers as contrasted with its engagement in private relations; and the Third Model, immunity as a procedural exclusionary plea, looks at the recasting of immunity as a procedural exclusionary plea in the presentation of a claim against a foreign State in a national court.

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