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4 - State Jurisdiction and Immunities

Published online by Cambridge University Press:  19 May 2022

Stefan Talmon
Affiliation:
Rheinische Friedrich-Wilhelms-Universität Bonn
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Summary

This chapter deals with Germany’s position on State jurisdiction and immunities. It is structured in two parts: jurisdiction of the State and State immunity. In the first part, Germany’s portrayal of US sanctions against a Russian company as extraterritorial and illegal under international law is examined. It is argued that the USA has a clear jurisdictional basis for sanctions legislation in the territoriality principle and the active personality principle, and is thereby not infringing German sovereignty. In addition to this, Germany’s claim that US sanctions against Nord Steam 2 are contrary to international law is investigated in the first part. Again, it will be put forward that US sanctions are based on the principles of territoriality and active personality having only extraterritorial effects.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • State Jurisdiction and Immunities
  • Edited by Stefan Talmon, Rheinische Friedrich-Wilhelms-Universität Bonn
  • Book: German Practice in International Law
  • Online publication: 19 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009085687.006
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  • State Jurisdiction and Immunities
  • Edited by Stefan Talmon, Rheinische Friedrich-Wilhelms-Universität Bonn
  • Book: German Practice in International Law
  • Online publication: 19 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009085687.006
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • State Jurisdiction and Immunities
  • Edited by Stefan Talmon, Rheinische Friedrich-Wilhelms-Universität Bonn
  • Book: German Practice in International Law
  • Online publication: 19 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009085687.006
Available formats
×