Criticism of the United States’ Practice in Violating Jurisdictional Immunities of States in Light of International Law and the ICJ Judgment of 2012

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Abstract

The United States of America has long violated or reduced the immunity of certain states in a unique manner, an action that is rather unusual in International Law. In this paper, the practice of the US is briefly described and the long-standing customary rule of Immunity will be discussed from the International Law perspective. Then, the US conduct in the context of International legal rules will be assessed. Eventually, with a glance at the ICJ judgment of 2012, the performance of the US will be evaluated in light of the guidelines referred to in that judgment. By comparing the practice of the US with the rules and principles of International Law as well as the ICJ Judgment of 2012, it is observed that this practice, in most cases, is not consistent with International Law and the findings of the ICJ Judgment of 2012.

Keywords

International Law Review
Volume 31, Issue 51
March 2015
Pages 67-96

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History

  • Receive Date: 26 December 2015
  • Accept Date: 26 December 2015

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