Is the state immunity limited
- Authors: Evdokimova O.N.1
-
Affiliations:
- Executive Office of the Federation Council
- Issue: Vol 18, No 7 (2025)
- Pages: 141-148
- Section: International Legal Sciences
- URL: https://journals.rcsi.science/2072-3164/article/view/380931
- DOI: https://doi.org/10.33693/2072-3164-2025-18-7-141-148
- EDN: https://elibrary.ru/DCZRMT
- ID: 380931
Cite item
Abstract
The purpose of the research. Currently, jurisdictional immunity of States is undergoing a certain transformation. An approach reflecting its limited nature is already provided in the 2004 UN Convention on Jurisdictional Immunities of States and their Property, and it is gradually being embodied in national legislation. For example, ten years ago, Russian Federation adopted the Federal Law on Jurisdictional Immunities of a Foreign State and Property of a Foreign State in the Russian Federation, which, among other things, enshrined the possibility of limiting immunity based on the principle of reciprocity. The question of the limits of state immunity has repeatedly been the subject of consideration in international and national courts. The most well-known of these cases is the 2012 Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening), which was heard by the International Court of Justice. This dispute between States had some continuation, and Germany again instituted proceedings before the International Court of Justice against Italy in 2022. This article examines the nature of State immunity in the context of modern approaches reflected in international treaties, judicial practice and national legislation. Results. At present, despite the complex influence of a number of external factors, the customary norm of State immunity in respect of acta jure imperii remains stable.
About the authors
Olga N. Evdokimova
Executive Office of the Federation Council
Author for correspondence.
Email: olga.n.evdokimova@mail.ru
ORCID iD: 0000-0002-0235-828X
SPIN-code: 5304-1222
Сhief consultant, Federation Council Committee on Federal Structure, Regional Policy, Local Self-Government and Northern Affairs
Russian Federation, MoscowReferences
- International Law (Volkerrecht). Translated from German by Witsum VG et al. 2nd edition. Comp. by Bergmann V. Moscow: Infotropik Media, 2015. 992 p.
- Glotova S.V., Evdokimova O.N. Practice of Limitation of State Immunity by Countermeasures under Modern International Law. Moscow journal of International Law, 2017, No. 4, Pp. 70–81. (in Rus.).
- Kartashkin V.A. The Balance between the Principles of Respecting Human Rights and State Sovereignty. International lawyer, 2006, No. 1, Pp. 3–16. (in Rus.).
- Kutafin O.E. Russian Federation, its subjects and municipalities as subjects of civil law. Journal of Russian law, 2007, No. 1, Pp. 46–54. (in Rus.).
- Simatova E.L. Evolution of the doctrine of jurisdictional immunity of a foreign state. Russian Justice, 2024, No. 5, Pp. 103–112. (in Rus.).
- Tunkin G.I. Basics of modern international law. Moscow, 1956. 48 p.
- Ushakov N.A. Sovereignty in the Modern International Law. Moscow: Moscow Publishing House, 1963. 271 p.
- Chernichenko S.V. The contours of international law. General issues. Moscow: Nauchnaya kniga, 2014. 592 p.
- Chernichenko S.V. Sovereign equality of states and different volume of their rights and duties. International legal courier, 2019, No. 1, Pp. 37–43. (in Rus.).
- Crawford J. The International Law Commission’s Articles on State Responsibility: Introduction, Text and Commentaries. Cambridge; New York: Cambridge University Press, 2002. 387 p.
- Fox H., Webb Ph. The Law of State Immunity. Third edition. Oxford: Oxford University Press, 2015. 704 p.
- Starzhenetsky V. Russian Approach to State Immunity: If You Want Peace, Prepare For War? Sovereign Immunity Under Pressure. Norms, Values and Interests. ed. by R. Bismuth, V. Rusinova, V. Starzhenetsky, G. Ulfstein. Springer, 2022. Pp. 53–76.
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