Publıc Internatıonal Law I Deneme Sınavı Sorusu #1331806

I. An equal has no authority over an equal.

II. The principle of non-intervention.

III. Rule of comity or reciprocity.

Which of the above can be given as the basis of jurisdictional immunity?


Only I

Only II

I and III

II and III

I, II and III


Yanıt Açıklaması:

Several principles are quoted as the basis of jurisdictional immunity:

a. Par in parem non habet imperium, i.e., an equal has no authority over an equal.

b. The principle of non-intervention, i.e., the matters related to the acts, policy and transactions of a foreign state should not stand to scrutiny by the territorial state, lest it would amount to intervention in the internal matters of another state.

c. Rule of comity or reciprocity, i.e., the accepted rules of mutual conduct as between states, which each state adopts in relation to other states and expects other states to adopt in relation to itself. It may otherwise be considered as an unfriendly act.

d. Implied grant of license to a foreign sovereign or state to visit or function within its territory signifies immunity and imposes an implied obligation on the territorial state not to derogate from such a grant. Immunity also rests on the functional

As a result, all of the statements are correct. The correct options is E.

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