THE INTERNATIONAL COURT OF JUSTICE ON JURISDICTIONAL IMMUNITIES OF THE STATE

Year: 
2016

Article:

Issue: 
5

Author(s): 
Churilina Nadezhda
Abstract: 

In the author’s opinion, the judgment issued by the International Court of Justice on Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) is of particular importance for creating uniform approaches to the international law application and its progressive development. The article examines the rules on state immunity interpretation, analyzes the International Court of Justice findings on their legal nature as rules of customary international law and their relation to the rules of jus cogens. The article shows the Court’s reasoning relating to the issue of international responsibility and existence of effective alternative means of securing redress as grounds for limitation of state immunities.

Key words: 

state immunity, jurisdiction, the International Court of Justice, jus cogens, acta jure imperii

Text of the article: 
English