Book contents
- Frontmatter
- Contents
- List of contributors
- Preface
- List of abbreviations
- Sir Robert Yewdall Jennings, by Vaughan Lowe
- List of publications of Sir Robert Jennings
- Table of cases
- Part I The International Court of Justice
- Part II The sources and evidences of international law
- Part III Substance of international law
- 10 The Court's role in relation to international organizations
- 11 Cases of the International Court of Justice relating to employment in international organizations
- 12 Jurisdiction and immunities
- 13 Adjudication as a mode of acquisition of territory?
- 14 Equitable maritime boundary delimitation
- 15 Environmental protection and the International Court of Justice
- 16 The contribution of the International Court of Justice to air law
- 17 The treatment of human rights and of aliens in the International Court of Justice
- 18 The International Court of Justice and the right of peoples to self-determination
- 19 The International Court of Justice and the peaceful settlement of disputes
- 20 The International Court of Justice and the use of force
- Part IV Procedural aspects of the work of the International Court of Justice
- Part V The International Court of Justice and the United Nations
- Index
12 - Jurisdiction and immunities
Published online by Cambridge University Press: 02 November 2009
- Frontmatter
- Contents
- List of contributors
- Preface
- List of abbreviations
- Sir Robert Yewdall Jennings, by Vaughan Lowe
- List of publications of Sir Robert Jennings
- Table of cases
- Part I The International Court of Justice
- Part II The sources and evidences of international law
- Part III Substance of international law
- 10 The Court's role in relation to international organizations
- 11 Cases of the International Court of Justice relating to employment in international organizations
- 12 Jurisdiction and immunities
- 13 Adjudication as a mode of acquisition of territory?
- 14 Equitable maritime boundary delimitation
- 15 Environmental protection and the International Court of Justice
- 16 The contribution of the International Court of Justice to air law
- 17 The treatment of human rights and of aliens in the International Court of Justice
- 18 The International Court of Justice and the right of peoples to self-determination
- 19 The International Court of Justice and the peaceful settlement of disputes
- 20 The International Court of Justice and the use of force
- Part IV Procedural aspects of the work of the International Court of Justice
- Part V The International Court of Justice and the United Nations
- Index
Summary
A survey of the International Court's treatment of state jurisdiction and immunities cannot but note the infrequency of occasion, due to the consensual nature of its jurisdiction, on which the Court has dealt with these issues. The first section of this chapter examines these lost opportunities. In the cases in which the Court has had such opportunity, there has been no general analysis equal to that to be found in the Permanent Court's judgment in the Lotus. A traditional approach to issues of jurisdiction may be construed more by implication than express statement from the Court's judgments. Implicitly, the Court appears to recognize territory and nationality as bases for jurisdiction, and to acknowledge the reciprocal nature of such jurisdiction with a consequent duty not to intervene and the rule of exhaustion of local remedies. However, the International Court as a court administering international law between states is more concerned with the effects on the international law of acts of exercise of jurisdiction than with their effects within the internal legal order of the state exercising jurisdiction. Here, it has explored the consequences of such acts of jurisdiction as a basis for title to territory and a ground for state responsibility. The second and third sections of this chapter will address these topics. A fourth section considers the Court's treatment of limits on state jurisdiction including immunities granted to other states and international organizations.
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- Fifty Years of the International Court of JusticeEssays in Honour of Sir Robert Jennings, pp. 210 - 236Publisher: Cambridge University PressPrint publication year: 1996
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