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International Law ConcentrateLaw Revision and Study Guide

International Law Concentrate: Law Revision and Study Guide (5th edn)

Ilias Bantekas and Efthymios Papastavridis
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date: 25 April 2024

p. 917. Immunitieslocked

p. 917. Immunitieslocked

  • Ilias Bantekas
  •  and Efthymios Papastavridis

Abstract

Immunity is a procedural bar whereby the courts of a country are precluded, while the immunity persists, from entertaining a suit, civil or criminal, against a person or entity. This chapter distinguishes the personal from functional immunities and then goes on to demonstrate the difference between acts undertaken in a public capacity, which always attract immunity, and those undertaken in a private capacity, which do not, as a rule, attract immunity. The chapter shows that, in recent years, the characterization of an act as being of a public nature has been restricted by the practice of States and national courts.

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