II. State Immunity, Diplomatic Immunity and Act of State
A Triple Protection Against Legal Action
Bibliographic Data
| ID | 9931463 |
|---|---|
| Authors | Colin Warbrick (corresponding author), Dominic Mcgoldrick, J Craig Barker |
| Year | 1998 |
| Volume | 47 |
| Issue | 4 |
| Pages | 950-958 |
| Publication date | 1998-10-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020589300062631 |
| OpenAlex | W2151111476 |
| Language | EN |
| Citations received | 3 |
| References cited | 2 |
The relationship between State immunity and diplomatic immunity has always been a rather complex one. The two concepts undoubtedly have a common juridical background in the form of the concepts of sovereignty, independence and dignity. 1 On the other hand, recent developments in both fields have seen a move towards a more functional-based approach. Thus, in relation to diplomatic immunity, the dominant theoretical basis is that of functional necessity. 2 As regards State immunity, recent developments in both international law 3 and, more particularly, in UK law 4 , from absolute to restrictive State immunity, have resulted in a more functionally orientated approach, that is, a shift of emphasis in matters of State immunity from immunity ratione personae to immunity ratione materiae . 5 Now two recent cases in the United Kingdom have raised the possibility that, in the case of diplomats at least, the two concepts may be combined to provide a double immunity for diplomatic agents against civil suit. More controversially, the cases have raised the possibility of a third type of protection based upon immunity ratione personae in what could be said to amount to a modified act of State doctrine. The cases in question are Propend Finance Pty Ltd. v. Alan Sing and The Commissioner of the Australian Federal Police 6 and Re P (Diplomatic Immunity: Jurisdiction) . 7
Constitution · Dignity · Doctrine · Immune system · Immunity · Independence (probability theory · International law · Jurisdiction · Political science · Sovereign immunity · State (computer science · State immunity · Computer Science · Conflict of Laws and Jurisdiction · Immunology · International Law and Aviation · International Law and Human Rights · Law · Mathematics · Medicine
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,11 |
| Citation span | 1999 - 2013 (15) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |