4 - State Jurisdiction and Immunities

Summary

This chapter deals with Germany’s position on State jurisdiction and immunities. The first part, Jurisdiction of the State, addresses Germany releasing an Iranian citizen in a prisoner swap, as well as Germany considering further US sanctions on Nord Stream 2, a pipeline project delivering gas from Russia to Germany, an encroachment on its sovereignty as it understands them to be extraterritorial in nature. The second part, State immunity, deals with the Federal Constitutional Court classifying Greek debt restructuring measures as acta iure imperii. While the chapter agrees with the decision, it criticizes the Federal Constitutional Court for missing the opportunity to advance the discussion of a contentious matter of public international law. Another article assesses Germany’s (non)participation in US court proceedings for alleged colonial genocide and enslavement of the Ovaherero and Nama in what was formerly known as South West Africa and is now Namibia. The chapter argues that Germany is not answerable and that Namibia’s position in its negotiations with the German government over a political declaration concerning atrocities committed during colonial rule was weakened.