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9 - Escalation and Interaction: International Courts and Domestic Politics in the Law of State Immunity

from Part II

Published online by Cambridge University Press:  23 June 2018

By
Philippa Webb
Edited by
Marlene Wind
Marlene Wind
Affiliation:
University of Copenhagen
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Summary

The law of State immunity is at the intersection of international law and domestic politics. It is a salient case study of this relationship because of the competing claims to authority that are inherent to each dispute. This chapter uses two international decisions – the 2012 International Court of Justice judgment in Jurisdictional Immunities of the State (Germany v. Italy, Greece intervening) and the 2014 judgment of the Fourth Chamber of the European Court of Human Rights in Jones and Ors v. United Kingdom – to analyse the concepts of escalation and interaction. The increased use of international courts by domestic actors in disputes over immunity is interesting but perhaps not surprising given the overall rise in the availability and use of third-party dispute settlement mechanisms. The greater puzzle lies in the varied reactions to international decisions, ranging from compliance to resistance, and the variables that condition such reactions. It seems that the existence of a conflicting constitutional norm may play an important role. The chapter concludes that Delmas-Marty’s concept of pluralism ordonné may be a way to conceptualise and develop procedural mechanisms of reciprocal restraint, respect and cooperation needed to adjust the competing claims of authority in this area.

Type
Chapter
Information
International Courts and Domestic Politics , pp. 206 - 226
Publisher: Cambridge University Press
Print publication year: 2018

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