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Philippa Webb

Published online by Cambridge University Press:  22 March 2019

Extract

Four features make states potentially different to other litigants. First, states are still the principal player in international law—they are the parties to treaties, members of international organizations, and the makers and breakers of customary international law. They also establish courts, decide on budgets, and elect the judges. Second, states enjoy immunity from jurisdiction and from enforcement measures—courts are obliged to consider such immunity in limine litis and on their own initiative. Third, states, whether they are democracies or dictatorships, are political entities. Fourth, sovereignty is associated with notions of honor, dignity, and comity.

Type
The Practice of Judging
Copyright
Copyright © by The American Society of International Law 2019 

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References

1 Higgins, Rosalyn, Respecting Sovereign States and Running a Tight Courtroom, 50(1) Int'l Comp. L. Q. 121 (2001)CrossRefGoogle Scholar.

2 Judgment, 2010 ICJ Rep. 14, para. 65 (Apr. 20).

3 Higgins, supra note 1.