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Part II The Sources of the Law of State Immunity, 5 A Review of the Sources: Treaties and Projects for Codification

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

Subject(s):
Diplomatic immunity — Act of state doctrine — Immunity from jurisdiction, execution of judgments — Acta jure imperii — Immunity from jurisdiction, states — Immunity from jurisdiction, waiver — Sovereignty — Resolutions of international organizations — Customary international law — Codification — Judicial decisions

This chapter provides a list of the sources, both international and national, of the law of State immunity and a brief survey of relevant treaties and projects for codification in existence prior to the adoption in 2004 of the UN Convention on Jurisdictional Immunities of States and their Property (UNCSI). Accepting the sources of international law to be as summarized in Article 38(1) of the Statute of the International Court of Justice (ICJ), law-making international conventions are clearly the best source of the principles and rules relating to State immunity. Not until the twenty-first century was the law of State immunity accorded sufficient relevance for States to adopt an international convention dealing with the topic and for the issues which it raised to come before the ICJ.

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