Podcast
Questions and Answers
What is the purpose of finding alternative schemes that preclude the exercise of jurisdiction over developing countries and their agents?
What is the purpose of finding alternative schemes that preclude the exercise of jurisdiction over developing countries and their agents?
To avoid being subjected to jurisdiction on the ground of acta jure gestionis.
What is the recommendation to governments regarding bilateral treaties for co-operation, commerce, and development?
What is the recommendation to governments regarding bilateral treaties for co-operation, commerce, and development?
To incorporate provisions providing for international minimum standards and the most favored nation standard.
What is the significance of an espousal clause in treaties between governments?
What is the significance of an espousal clause in treaties between governments?
It allows the home state of a foreign national to take up redress on behalf of its national if redress rights are lacking.
Why might developing countries want to revive the absolute immunity approach in bilateral treaties with their major trading partners?
Why might developing countries want to revive the absolute immunity approach in bilateral treaties with their major trading partners?
Signup and view all the answers
What is the importance of retaining absolute immunity in international law?
What is the importance of retaining absolute immunity in international law?
Signup and view all the answers
How can a state hold another state accountable for breaching obligations to one of its nationals?
How can a state hold another state accountable for breaching obligations to one of its nationals?
Signup and view all the answers
How do developed economies benefit from trading with developing countries?
How do developed economies benefit from trading with developing countries?
Signup and view all the answers
What was the significance of the decision in I’O Congress del partido by Goff J?
What was the significance of the decision in I’O Congress del partido by Goff J?
Signup and view all the answers
Why is it considered reasonable for developing countries to request immunity from jurisdiction?
Why is it considered reasonable for developing countries to request immunity from jurisdiction?
Signup and view all the answers
In what situations do disputes related to expropriation and nationalization often arise?
In what situations do disputes related to expropriation and nationalization often arise?
Signup and view all the answers
When does immunity from legal action not apply according to the text?
When does immunity from legal action not apply according to the text?
Signup and view all the answers
Why is it important to consider the distinction between jure imperii and jure gestionis when addressing immunity?
Why is it important to consider the distinction between jure imperii and jure gestionis when addressing immunity?
Signup and view all the answers
What categories of persons are exempted from the jurisdictional competence of a state?
What categories of persons are exempted from the jurisdictional competence of a state?
Signup and view all the answers
What is the rationale behind the immunity of the sovereign from the jurisdiction of municipal courts of other states?
What is the rationale behind the immunity of the sovereign from the jurisdiction of municipal courts of other states?
Signup and view all the answers
Explain the political philosophy that emphasizes the role of sovereignty in the affairs of state.
Explain the political philosophy that emphasizes the role of sovereignty in the affairs of state.
Signup and view all the answers
What principle underlies the idea that legal persons of equal standing cannot have their disputes settled in each other's courts?
What principle underlies the idea that legal persons of equal standing cannot have their disputes settled in each other's courts?
Signup and view all the answers
What is the concomitant of the privilege to enter and remain in a state for certain categories of persons?
What is the concomitant of the privilege to enter and remain in a state for certain categories of persons?
Signup and view all the answers
What is the basis for the immunity of the sovereign from the jurisdiction of municipal courts?
What is the basis for the immunity of the sovereign from the jurisdiction of municipal courts?
Signup and view all the answers