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STATE IMMUNITY AND THIRD-PARTY LIMITS ON THE JURISDICTION OF DOMESTIC COURTS
Daniel Franchini
Journal:

International & Comparative Law Quarterly / Volume 72 / Issue 3 / July 2023

Published online by Cambridge University Press:

07 June 2023, pp. 819-835

Print publication:

July 2023
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Recent case law has evidenced doctrinal ambiguity concerning whether State immunity precludes domestic courts’ jurisdiction when rights and interests of third-party States may be affected. This article posits that such confusion arises from a failure to recognize State immunity as a rule predicated on the sovereign status of the defendant. Through an analysis of State practice, the article contends that the concept of indirect impleading incorporated in the United Nations Convention on State Immunity does not challenge the status-based nature of this rule. Construing State immunity as a subject-matter rule erroneously conflates it with distinct doctrines, such as Monetary Gold and the act of State doctrine.

6 - Acts of State, Foreign Affairs, Defence
from Part II - 1997–2014
C. L. Lim, The Chinese University of Hong Kong
Book:

Treaty for a Lost City

Published online:

28 July 2022

Print publication:

11 August 2022, pp 129-146
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Summary

The PRC’s foreign affairs power had, briefly, been described in the previous chapter, together with the power in the realm of defence. These powers impose together important and at times anxious limitations on Hong Kong’s autonomy, not just on Hong Kong’s external affairs and foreign treaty relations but also on the judicial function of the courts. In the ‘Twelve Points’ which became the Joint Declaration, the sixth was that Hong Kong will manage its own affairs except in defence and foreign affairs. That qualification is often forgotten or dismissed, but it cannot be so easily brushed aside.

In re Caussèque and Cot.
France. 11 October 1929
Journal:

Annual Digest of Public International Law Cases / Volume 5 / 1936

Published online by Cambridge University Press:

01 January 2021, pp. 30-31

Print publication:

1936
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Acts of State — French Practice — Mandates and Protectorates.
Mandated Territories — Status of — Mandate for Syria — Act of High Commissioner — Whether Subject to Review by the Courts of the Mandatory — Conseil d’état and acte de gouvernement.