Title

Jurisdictional Immunities in Contemporary International Law from Asian Perspectives

Document Type

Article

Publication Date

6-2005

Abstract

This study is part of a series of inquiries being made to ascertain the extent and practical usefulness of the part played by Asian nations in their individual and collective contribution to the norms-formulating functions of Asian States as members of the global community. The current paper is confined to the three areas of jurisdictional immunities in the practice of States under contemporary international law. The first part relates to Asian practice and the practice of other nations affecting Asian communities in regard to the Immunities of States and their Property from the jurisdiction of other national entities. The second part deals with the current practice of diplomatic and consular immunities, available also to ad hoc or Special Missions. The third part concerns the immunities accorded by States to international organizations or in connection with the exercise of their official functions. The final part contains concluding observations calling for meticulous care and attention to find a practical approach to the nature and extent of immunities needed and the necessity to maintain a delicate balance between the interests of the donors and recipients of immunities so as to avoid possible abuses. Asian and non-Asian nations alike are equally grantors and beneficiaries of immunities under review.