Private international law: immunity pptx

Immunity from jurisdiction

1. Immunity from jurisdiction Aparna Devarajan Roll no 15

2. Introduction Immunity from jurisdiction is a fundamental principle of international law that protects states, their officials, and international organizations from being sued in foreign courts. This principle is essential for maintaining international order and ensuring the smooth functioning of international relations.

3. Principles of Sovereign Immunity State Sovereignty Each state has the right to exercise exclusive jurisdiction over its territory and its citizens. Immunity protects this right by preventing foreign courts from interfering with a state’s internal affairs. Equality of States States are considered equal in international law, and no state is superior to another. Sovereign immunity reflects this equality by ensuring that no state is subject to the jurisdiction of another state. International Comity Immunity promotes respect and cooperation between states. It avoids unnecessary conflicts and encourages states to resolve disputes amicably through diplomatic channels.

4. Immunity of States and State Officials States States are generally immune from jurisdiction in foreign courts, meaning they cannot be sued without their consent. This immunity extends to their property and assets, including embassies and diplomatic missions. State Officials State officials acting in their official capacity are also generally immune from jurisdiction. This immunity protects them from being held personally liable for actions taken on behalf of the state.

5. Immunity of International Organizations Functional Necessity International organizations need to be able to operate independently and effectively. Immunity protects them from interference by member states and allows them to fulfill their mandates. International Law International organizations derive their immunity from international law, specifically from their founding treaties or charters. These documents usually include provisions on immunity.

6. Exceptions to Immunity from Jurisdiction Commercial Activities States and international organizations may lose their immunity when they engage in commercial activities, such as entering into contracts or buying and selling goods . Tort Claims Immunity may not apply in cases where a state or international organization is accused of committing a tort, such as causing personal injury or property damage. Human Rights Violations In some cases, states may be held accountable for human rights violations, even if they are otherwise immune from jurisdiction.

7. Waiver of Immunity Express Waiver
States and international organizations can explicitly waive their immunity by agreeing to be subject to the jurisdiction of a foreign court. Implied Waiver
Immunity can be waived implicitly by engaging in conduct that suggests consent to jurisdiction. Legal Process
Waivers of immunity must be made in accordance with the relevant legal procedures and must be clear and unambiguous.

8. Procedural Aspects of Immunity Claims Pleas of Immunity
Parties claiming immunity must raise this defense at the earliest opportunity in the proceedings. Evidence and Burden of Proof
The burden of proving immunity rests on the party claiming it. They must provide evidence to support their claim. Court Decisions
Courts have the authority to decide whether immunity applies in a particular case, taking into account international law and relevant legal precedents.

9. Conclusion In conclusion, immunity from jurisdiction is essential in international law for maintaining state sovereignty, facilitating diplomatic relations, and enabling international organizations to function effectively. It protects states, diplomats, and international entities from legal actions in foreign courts, promoting respect and cooperation among nations. Balancing immunity with accountability is vital for a stable and just international order.