State-to-State Sanctions: An Exception to Immunity of State and Its Property, and of State Representatives?

The chapter determines and analyses international legal rules dealing with the essence and consequences of the adoption of sanctions against states vis-à-vis various types of immunity at the international level. First, it focuses on the terminology and explains the essence and the aim of both, sanctions and immunity of the state and its property and of its representatives. It also overviews different types of immunities at the universal level and their exceptions. Second, it deals with the UN Convention on the Jurisdictional Immunities of States and Their Property as a treaty source of international immunity of states. Third, it analyses the case law of the International Court of Justice to find out whether there is an emerging international customary rule regulating the understanding and application of claimed exceptions to state immunity rules in case of terrorism. The article thus summarily aims at the determination of terms, subjects entitled to the relevant type of immunity and the scope of this immunity in case of state-to-state sanctions.