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Part II The Sources of the Law of State Immunity, 6 The Restrictive Doctrine of State Immunity: Its Recognition in State Practice

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: 21 May 2024

Subject(s):
Diplomatic immunity — Heads of state and other senior officials — Diplomatic privileges — Immunity from jurisdiction, absolute — Acta jure imperii — Immunity from jurisdiction, diplomats — Immunity from jurisdiction, waiver — Sovereignty — Stare decisis — Territoriality

This chapter recalls the history of the law of State immunity through the decisions of the national courts in both common and civil law jurisdictions and recounts the general recognition in common and civil law jurisdictions of the restrictive doctrine as well as its adoption by national legislation in 1976 in the US (the Foreign Sovereign Immunities Act 1976 (FSIA)) and in 1978 in the UK (the State Immunity Act 1978 (SIA)) followed by similar legislation in some Commonwealths and other countries. The conclusion drawn from State practice in surveys conducted by the International Law Commission (ILC) and the Council of Europe is that there is wide and ever increasing support for a restrictive doctrine of immunity.

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