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19 - Jurisdictional Immunities

from Part III - The Impact of the ICJ’s Jurisprudence

Published online by Cambridge University Press:  18 May 2023

Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

The ICJ’s contribution to the law on jurisdictional immunities is elucidated by Professor Roger O’Keefe. He argues that, through its case law in this area, the ICJ has affirmed basic aspects of the international law of jurisdictional immunities, clarified a few more specific points, and variously crystallised, consolidated, and catalyzed the further development of important customary rules on controversial issues in relation to civil and criminal proceedings respectively. Through its work in this field, the Court has reasserted an orthodox, possibly conservative vision of the role of jurisdictional immunities in the international legal order.

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