Immunity from national jurisdiction and diplomatic protection - State immunity
3 important questions on Immunity from national jurisdiction and diplomatic protection - State immunity
Why is there a difference between jure imperii and jure gestionis?
Because when a state engages in commercial activities and competes with its concurrents, it should not be immune by the courts. That is why states are immune to jure imperii, but not to jure gestionis.
What is the difference between adjudicative jurisdiction and enforcement jurisdiction?
Adjudicative jurisdiction relates to the jurisdiction of a court to render a judgement in a matter; a state cannot be sued in front of a foreign court unless it gives its consent, enforcement jurisdiction is the act and exercise of powers
How can you distinguish commercial and non-commercial acts?
By taking account of both the purpose and the nature of the contract/transaction (art. 2(2) UN Convention 2004)
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