acta jure gestionis;
'constraining acts of authority';
immunity ratione materiae;
immunity ratione personae;
International Court of justice;
inviolability;
invocation and waiver of immunity;
private and official acts;
state immunity;
state officials;
ultra vires acts;
witness summons;
D O I:
10.1017/S0922156509990045
中图分类号:
D9 [法律];
DF [法律];
学科分类号:
0301 ;
摘要:
This article examines the reasoning and findings of the International Court of justice in its judgment in Djibouti v. France on issues pertaining to the immunities and inviolability of state officials. While recognizing the Court's contribution to the clarification of certain aspects of the legal regime of the immunities and inviolability of state officials, the article emphasizes a number of points on which a clear response cannot be found in the judgment. Moreover, some concerns or doubts are raised about the way in which the Court dealt with certain issues regarding, in particular, the classification of immunities, their scope, their implementation, and the acts precluded by their operation. The Court's judgment clearly shows the complexities surrounding the legal treatment of numerous aspects of a topic which continues to be of the highest importance and sensitivity in international law and international relations.
机构:
FGV Droit Rio, Droit Int, Rio De Janeiro, Brazil
Module Europeen Programme Jean Monnet, Rio De Janeiro, Brazil
FGV Droit Rio, Commiss Europeenne, Rio De Janeiro, Brazil
Inst Rech Droit Int & Europeen Sorbonne Iredies, Paris, France
Acad Droit Int Haye, Ctr Etud & Rech Droit & Relat Int, Paris, FranceFGV Droit Rio, Droit Int, Rio De Janeiro, Brazil