immunity Flashcards
2 principles for state immunity
doctrine?
- principle par in parem non habet imperium
- soverinity
state doctrine
2 types disctinction
one case
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.
state immunity: 2 reasons
rationae personae - person
rationae materiae- substance
This are matters that are preliminary decided on first.
DIPLOMATIC IMMUNITY
ACT (5)
BENEFITS - 4
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
CONSULARS
TREATY?
2 important things
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
immunities of IO
un - a.104 UN
functional