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Part I General Concepts, 4 State Immunity and Jurisdiction: Immunity from the Civil and Criminal Jurisdiction of National Courts

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

Immunity from jurisdiction, ratione materiae — Immunity from jurisdiction, states — Non-justiciability — Sovereignty — Customary international law — Judicial decisions — Jurisdiction of states, conflicts — Jurisdiction of states, domestic — Jurisdiction of states, enforcement — Jurisdiction of states, extra-territorial — Jurisdiction of states, nationality principle — Jurisdiction of states, prescriptive — Jurisdiction of states, territoriality principle — Jurisdiction of states, universality principle

This chapter discusses the allocation of jurisdiction, which serves as the means by which the ambit of each State's exercise of authority and power is defined with State immunity in respect of other States forming one of the restrictions on that exercise. The exercise of jurisdiction by States may be analysed by reference to four bases: territory, nationality, protection of a State's interests, and universality. A claim to immunity by a State or some emanation of it primarily challenges jurisdiction on the basis of personality, of which nationality is one form. The exercise of jurisdiction over the acts of a foreign State itself, which gives rise to a claim of immunity, will most usually be based on their commission within the forum State's territory or extraterritorial areas under its effective control.

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