NBP: Nauka, bezbednost, policija (Jan 2014)

State immunity in international law: Overview of the work of the international law commission

  • Milisavljević Bojan

Journal volume & issue
Vol. 2014, no. 1
pp. 21 – 31

Abstract

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The paper deals with the analysis of state immunity in international law, its development in terms of theoretical approaches, codification procedure, but very broad and diverse state practice. Refers to the traditional foundation of the sovereign immunity, due to growing communication states occurred acceptance of functional concepts. Work continues to monitor and analyze the activity of the International Law Commission, which was completed in adoption of the Convention on the Jurisdictional Immunities of States and Their Property 2004th year. Below interpret the provisions of the Convention and points to the possible scope of the rules, exceptions stand out and gives a hint about the possible entry into force. The paper concludes that this method introduces a legal order on the occasion of a very delicate issue which creates the concept of norms relative reach.

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