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Part II The Sources of the Law of State Immunity, 7 English Law: The UK State Immunity Act 1978

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

Diplomatic missions — Diplomatic relations — Heads of state and other senior officials — Diplomatic privileges — Immunity from jurisdiction, absolute — Immunity from jurisdiction, ratione materiae — Immunity from jurisdiction, diplomats — Immunity from jurisdiction, states — Immunity from jurisdiction, taxation of foreign state property — Immunity from jurisdiction, waiver — Arbitral agreements — Codification — Territoriality — Governments — Jurisdiction of states, adjudicative — Jurisdiction of states, enforcement — Recognition

This chapter reviews the status and general structure of the State Immunity Act 1978 (SIA), and gives an outline of its provisions. The SIA was enacted to codify the restrictive rule of State immunity and bring UK law in line with current international practice, and to enable the UK to ratify the European Convention on State Immunity 1972 (ECSI) and the earlier 1926 Brussels Convention and 1934 Protocol relating to the Immunity of State-owned ships. In addition, it provided for the recognition in the UK of foreign judgments given against the Crown in the courts of States Parties to the ECSI, and it also made provision for the extension to heads of State acting in their private capacity and their families of the privileges and immunities enjoyed by the head of a diplomatic mission and his family.

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