State Immunity Flashcards
(14 cards)
What is the main case concerning state immunity? Facts?
The Schooner Exchange v Mcfaddon
Napoleon Bonparte possessed a US vessel and sailed it in US territorial waters
US Supreme court refused to assess jurisdiction because all states are equal - both the US and France are sovereign states
What are the 2 sources of state immunity?
Treaties
customary International law
What is the doctrine of “absolute immunity”?
Any proceedings against foreign states are inadmissible unless the state expressly agrees to waive them
What is the doctrine of “restrictive immunity”?
immunity is only available where the act is sovereign, NOT where the act is commercial
Which main cases concerns restrictive immunity?
Trendlex v Central Bank of Nigeria
I Congreso del Partido
What are the facts of trendlex v Central Bank?
central bank issued letter of credit fur puchase of cement
Bank then refused to pay
held that immunity did not apply here - even though the bank was a branch of the government, the transaction was a commercial one, so immunity did not apply
What are the facts of I Congreso del Partido
Cuba agreed to deliver sugar to Chilean port via vessel owned by Cuban government
Cuban government then ordered the vessel not to make the delivery
held to be a commercial rather than sovereign act, because a breach of contract of that nature could have been performed by any private individual
Is torture an exception to state immunity? Case? Facts?
No - Jones v UK
C alleged he was tortured by officials in Saudi Arabia (police and colonel)
State immunity was a valid defence because the officials were simply carrying out their public duties
Is it possible to bring proceedings against private individuals? Case?
No - because they are simply carrying out the will of the state
Djibouti v France
What is an organ of the state?
anyone who is acting on behalf of the state
what is personal immunity?
immunity for key office holders such as: head of state, heads of government, diplomatic agents and foreign ministers
they enjoy immunity even for international crimes, and immunity ends when they leave office
Which case states that immunity exists even for international war crimes
Arrest Warrant case, Belgium v Congo
Which case states that immunity ends when office holders leave office? Facts?
R v Bow Street (Ex Pinochet)
Pinochet could enjoy no immunity against prosecution for torture, because he was no longer head of state
What is functional immunity?
immunity that applies to all state officials acting in an official capacity
