Sovereign Immunity in Public International Law II

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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?

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?

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?

To request immunity from jurisdiction as a concession to avoid vexatious and costly litigation.

What is the importance of retaining absolute immunity in international law?

To ensure good neighborliness, friendly relations, and to address breaches of obligations without involving municipal courts.

How can a state hold another state accountable for breaching obligations to one of its nationals?

By espousing a claim on behalf of the aggrieved national in an international court.

How do developed economies benefit from trading with developing countries?

They benefit from access to a huge market, contributing to their economic prosperity.

What was the significance of the decision in I’O Congress del partido by Goff J?

It emphasized the nature of the breach over the nature of the transaction when considering immunity.

Why is it considered reasonable for developing countries to request immunity from jurisdiction?

To avoid vexation and costly litigation that may arise from trading transactions.

In what situations do disputes related to expropriation and nationalization often arise?

In situations where the home state of the aggrieved national can espouse a claim in an international court.

When does immunity from legal action not apply according to the text?

When the breach is related to jure gestionis, such as failing to meet letters of credit or payment of services.

Why is it important to consider the distinction between jure imperii and jure gestionis when addressing immunity?

To determine if the breach leading to legal action is related to sovereign functions or commercial activities.

What categories of persons are exempted from the jurisdictional competence of a state?

Sovereign or its representatives as diplomats, consuls, officials of international organizations, armed forces, etc.

What is the rationale behind the immunity of the sovereign from the jurisdiction of municipal courts of other states?

One sovereign cannot exercise jurisdiction over the other, but only over inferiors.

Explain the political philosophy that emphasizes the role of sovereignty in the affairs of state.

Political philosophy dating from the platonic concept of the philosopher king to the 19th century notion of the nation state.

What principle underlies the idea that legal persons of equal standing cannot have their disputes settled in each other's courts?

Par in parem non habet jurisdictionem.

What is the concomitant of the privilege to enter and remain in a state for certain categories of persons?

Immunity from jurisdiction of local courts and local agencies of law enforcement.

What is the basis for the immunity of the sovereign from the jurisdiction of municipal courts?

Legal principle that one sovereign cannot exercise jurisdiction over the other.

Explore the concept of sovereign immunity in Public International Law II, specifically focusing on certain categories of persons who are exempt from the jurisdictional competence of a state. Learn about the privileges and immunities granted to sovereigns, diplomats, consuls, and officials of international organizations.

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