| ID | 101596 |
| Title Proper | Linkage requirement in enforcement immunity |
| Language | ENG |
| Author | Jin, Sun |
| Publication | 2010. |
| Summary / Abstract (Note) | This article argues that compared with adjudicative immunity, which has developed to be restrictive instead of absolute, the enforcement immunity of foreign States still tends to be interpreted as it has long been interpreted in States practice. By discussing domestic legislations, the court practices of major players in this area and rules provided in regional multilateral conventions concerning the linkage requirement in enforcement immunity, as well as the fact that the UN Convention on Jurisdictional Immunities of States and Their Property also endorses the linkage requirement, a conclusion is drawn that the linkage requirement is not only an established rule of customary law but also has gained universal acceptance at least in opinio juris as evidenced by the adoption of the UN Convention. |
| `In' analytical Note | Chinese Journal of International Law Vol. 9, No. 4; Dec 2010: p699-716 |
| Journal Source | Chinese Journal of International Law Vol. 9, No. 4; Dec 2010: p699-716 |
| Key Words | Linkage Requirement ; Enforcement Immunity ; Foreign States ; UN Convention ; USFSIA ; Human Rights |