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Part III The Current International Law of State Immunity, 15 Immunity from Adjudication: The Territorial Tort Exception

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, 2022. All Rights Reserved.date: 14 August 2022

Subject(s):
Acta jure imperii — International organizations, practice and procedure — Compensation — Customary international law

This chapter critically examines the territorial tort exception in UNCSI, Article 12. With some understanding of its reach and any areas of inconsistency, it next evaluates the effect of the Jurisdictional Immunities judgment on this tort exception to State immunity. This evaluation of the ICJ judgment refers to the aspects mentioned above as they apply to a tort exception and apply it briefly to three well-known controversial areas of non-contractual delictual loss — loss arising from armed conflict, environmental loss, and loss resulting from violation of a procedural fundamental human right (violation of substantive human rights being barred by the ICJ ruling). The chapter then states whether the territorial tort exception continues today to represent a restriction on the bar of State immunity.

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