immunity Flashcards

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1
Q

2 principles for state immunity

doctrine?

A
  1. principle par in parem non habet imperium
  2. soverinity

state doctrine

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2
Q

2 types disctinction

one case

A

jure imperi v jure gestionis

kuwait and Iraq- iraq ordered its national airliners to transport kuwait aircrafts to iraq. Uk rejected the defense that tacking the aircraft was a state soveignity act.

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3
Q

state immunity: 2 reasons

A

rationae personae - person
rationae materiae- substance

This are matters that are preliminary decided on first.

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4
Q

DIPLOMATIC IMMUNITY
ACT (5)
BENEFITS - 4

A

VCDR
A.14: 3 classes
A. 2: mutual consent
A/4: rejectiong
A.9: recall
A.3: diplomatic (who is it? and work?)

personal immunity

benefits:
no arrest
protection
no criminal punishment
civil but exception (private property, suing, commercial outside work)

BASED ON HEAD OF STATE

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5
Q

CONSULARS
TREATY?

2 important things

A

VCCR
NOT HEAD OF STATE: subjection to jurisdiction to receiving state except not amenable to jursidcition oft he judicial or admin authorities of receiving states.

commercial based

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6
Q

immunities of IO

A

un - a.104 UN
functional

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