Publıc Internatıonal Law I Deneme Sınavı Sorusu #1233534

Which of the followings is not among the elements for the basis of jurisdictional immunity?


Rule of comity or reciprocity.

Implied grant of license to a foreign sovereign or state.

Aut punire, aut dedere.

The principle of non­intervention.

Par in parem non habet imperium.


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 non­intervention, 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.

Therefore, the correct option is C.

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