CS351 Lecture Notes - Lecture 1: Absolute Immunity, Nexen, International Humanitarian Law
Document Summary
Absolute immunity: blanket prohibiion against the exercise of jurisdicion by one state over another state: few state in 21st century sill claim right of absolute immunity over all state aciviies. Restricive immunity: aciviies of a state demarcated between commercial (jure gesionis) and poliical interests (jure imperii: limited jurisdicion over commercial aciviies of a state allowed, restricive immunity now applied to human rights and humanitarian law, ex. What happens if canada decides that it is going to build a pipeline from the west to the east, to ship goods from east/west ports to rest of world. Restricions are placed on the pipeline delivery/transport: can extend to the extracion of the oil. China claims absolute immunity in poliical and economic spheres. I congreso del parido house of lords (1983) Arises form the willingness of states to enter into commercial, or other private law transacions with individuals it appears to have two main foundaions: