The Immunity of States in Contemporary International Law

Blešić, Jovana (2021) The Immunity of States in Contemporary International Law. In: Thematic Conference Proceedings / International Scientific Conference "Legal System in the period of the New Reality", Kosovska Mitrovica, 24th September 2021. University of Priština, Faculty of Law, Kosovska Mitrovica, pp. 267-280. ISBN 978-86-6083-075-5

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Abstract

The contemporary law of state immunity deals with the human rights exception in a limited and cautious way, if it does at all. The UN Convention on Jurisdictional Immunity of States and their Property was adopted in 2004 and to date is the only general convention in this field but is not in force. It did not include an exception that a state will not be immune when human rights violations are involved. This study aims to determine whether such an exception should be included and what are the odds of that happening. To test a hypothesis that such an exception will not be accepted, we analyzed the relevant conventions and the doctrinal studies. The results show that it is necessary to include it, but not in the form of a protocol, as some authors suggested. On this basis, future research in the International Law Commission should be conducted.

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