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5 Exceptions to Jurisdictional Competence: Immunities from Suit and Enforcement

From: Problems and Process: International Law and How We Use It

Rosalyn Higgins

Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
24 August 1995
ISBN:
9780198764106

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 01 December 2023

Subject(s):
Immunity from jurisdiction, states — Immunity from jurisdiction, absolute — Immunity from jurisdiction, agents of international organizations — Diplomatic immunity — Diplomatic missions — Diplomatic relations
In Chapter 4 we saw the way in which international law provides norms for the allocation of competences among states: the doctrine of jurisdiction. The most basic ground for the exercise of jurisdiction is that of territoriality. It is natural that, within a territory, a state expects its laws to apply. And that law will apply, in principle, to all within the territory—nationals and foreigners, residents and visitors. When you go to another country, you put yourself within its laws and legal system. Any English person visiting The Hague expects to have to drive on...
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