Evolution of jurisdictional immunities of states: does equal have power over an equal?

Available in Russian

Author: Vladislav Starzhenetskiy

Keywords: diplomatic privileges and immunities; enforcement of judgments against foreign states; exterritorial jurisdiction; human rights; implementation of decisions of international courts; jurisdictional immunities of states and their property; limitations of the right to access the court; protection of objects of cultural significance in international law; right to court


The article is dedicated to development of norms concerning jurisdictional immunities of states and their property in modern international law influenced by human rights doctrine, fight against terrorism, obligation to ensure everyone’s right to court, protection of labor, civil and commercial rights of private parties. The author considers difficulties faced by international and municipal legal systems in framing balanced approaches that could take into account various conflicting interests and secure stable and friendly relations among states. The article suggests several possible ways how regulation of jurisdictional immunities of states and their property could change infuture.