Franchini, D. orcid.org/0000-0003-4948-9444 (2023) State immunity and third-party limits on the jurisdiction of domestic courts. International & Comparative Law Quarterly, 72 (3). 819 -835. ISSN 0020-5893
Abstract
Recent case law has evidenced doctrinal ambiguity concerning whether State immunity precludes domestic courts’ jurisdiction when rights and interests of third-party States may be affected. This article posits that such confusion arises from a failure to recognize State immunity as a rule predicated on the sovereign status of the defendant. Through an analysis of State practice, the article contends that the concept of indirect impleading incorporated in the United Nations Convention on State Immunity does not challenge the status-based nature of this rule. Construing State immunity as a subject-matter rule erroneously conflates it with distinct doctrines, such as Monetary Gold and the act of State doctrine.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s), 2023. Published by Cambridge University Press on behalf of the British Institute of International and Comparative Law. This is an author produced version of a paper subsequently published in International & Comparative Law Quarterly. Article available under the terms of the CC-BY-NC-ND license (https://creativecommons.org/licenses/by-nc-nd/4.0/). |
Keywords: | State immunity; Indirect impleading; Monetary Gold; Domestic courts; Act of state; Foreign affairs; Jurisdiction; Functional immunity; Non-justiciability |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 28 Apr 2023 16:03 |
Last Modified: | 03 Oct 2024 15:34 |
Status: | Published |
Publisher: | Cambridge University Press |
Refereed: | Yes |
Identification Number: | 10.1017/S0020589323000167 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:198517 |