Beruflich Dokumente
Kultur Dokumente
2.
Decisions of Courts
Pro Hac Vice For this particular purpose only
Stare Decisis It is NOT applicable
Writings of Publicists
Anyone can write as long as it is UNBIASED.
MODERN VIEW
a.
OTHER SUBJECTS:
INTERNATIONAL ORGANIZATIONS
ESPECIALIZED AGENCIES
They are also entitled to IMMUNITY. Why?
CLASSICAL/ABSOLUTE THEORY
A SOVERIGN CANNOT be made a respondent in the courts of another
without its consent.
NEWER/RESTRICTIVE THEORY
The IMMUNITY of the sovereign is recognized ONLY with regard to PUBLIC
ACTS or ACTS JURE IMPERII of the State.
JURE IMPERII IMMUNITY for PUBLIC or SOVEREIGN ACTS
Immunity of the Sovereign is recognized only with respect to PUBLIC ACTS.
The act is in pursuit of a SOVEREIGN ACTIVITY. It is NOT undertaken for gain
or profit. And NOT engaged regularly in a BUSINESS or trade.
JURE GESTONIS PRIVATE ACTS