STATE IMMUNITY CURRENT STATE OF LAW IN VIEW OF THE UN CONVENTION ON JURISDICTIONAL IMMUNITIES OF STATES AND THEIR PROPERTY

Resumo

This articles aims at analysing the legal institute of State immunity of jurisdiction. A practice amongst the States of mutual recognition, having its base concept on the idea of sovereignty, which is the legitimate power conferred to States governed under the rules of law and recognized by international law in an equal basis. “Par in parem non habit imperium”, _ between the peers there is no hierarchy_, resulting then, equality amongst sovereignties. Nevertheless, the world developments lead towards more complex situations within the increasing commercial activities performed by the States and its agents, causing, consequently, a number of cases of obvious abuse over this customary rule of international law, which had grown old and thus, no longer fitting to the challenge of the new international reality.

Sumário:
1 - State Immunity and its introductory considerations; 2 – Origins; 3 - State Immunity: absolute or restrictive?; 4 - State Immunity in the view of the United Nations Convention of 2004; 5 - Definitions of the United Nations Convention on Jurisdictional Immunities of States and Their Property; 6 - Criminal Proceedings and Human Rights; 7 - State Immunity and the Brazilian understanding; 8 - Conclusion.