Abstract
The concept of state immunity has been through a severe process of development in the recent past. State immunity initially accorded to the states in recognition of their sovereign character, and the concept later underwent a series of fine-tuning to reach where it is today. In line with the modern-day relevance of the subject matter, the world court asked to decide upon the case concerning the jurisdictional immunities of a state (Germany V. Italy; Greece Intervening) in the year 2012. The court was put to some severe test in matters relating to norms conflict, the hierarchical character of obligations in International law, the evolving nature of the jus gentium about the rights of the State V. Individual. The court significantly falls short of its mandate in this case wherein the dissenting judges took up the responsibility in explaining the lex ferenda regarding the concept of state immunity and its practical limitations.
| Original language | English |
|---|---|
| Pages (from-to) | 27-62 |
| Number of pages | 37 |
| Journal | Zanzibar Yearbook of Law |
| Volume | 8 |
| Publication status | Published - 20 Nov 2018 |