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College notes Public Law II: International Law International Law, ISBN: 9780198748830
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Detailed Lecture Notes, Reading Notes and Tutorial Prep (Incl. an exam + answer key at the end)
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Essential guide to Hernandez "International Law"
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College aantekeningen Publiek Recht II: Internationaal Recht International Law, ISBN: 9780198748830
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PUBLIC LAW II:Public International
Law
Prof. Dr. Gleider Hernández
Professor of Public International
Law Institute for
International Law Faculty of
Law, KU Leuven
2020-2021
,Structure of lecture
• State Immunity: Elements of a plea
o Defining the Foreign State
o Exceptions to Adjudication Jurisdiction
o Act of State & Non-Justiciability
• Immunity of Certain Categories of
Officials
• Scope of Immunities for Serious Crimes
o Immunity ratione personae
o Immunity ratione materiae
• Diplomatic and Consular Immunities
2
, The basis for
•immunity
Derived from the sovereign equality of States
and their non-intervention in each other’s
affairs
• Extends therefore to representatives of a State
• Basic principle: States should not be forced
to appear as defendants in other States’
courts
• State immunity remains a procedural plea before a
national court to stop it from exercising
jurisdiction
• State immunity is not an exemption from liability;
3
it can be lifted (e.g. through waiver)
, ‘Avoidance techniques’
• There are three primary doctrines through which
a State can avoid appearing before the courts of
another State:
o A plea of immunity: debars the court of the
forum State and removes the claim;
o Act of State: substantive law defence
requiring deference from the forum State’s
courts
o Non-justiciability: bars a national court
from considering certain subject-matter
(Belhaj v Rahmatullah)
4
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