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Prof. Andrea Bianchi, Professor of Law at the Graduate Institute of International and Development Studies and at Catholic University Law School in Milan.
As soon as our ancestors realized that it was better to hear the message than to kill the messenger, immunities found their way into diplomacy.
Since these early days, complex rules and international practice have developed on the granting of privileges and immunities to entities (States and their embassies and other diplomatic missions, international organizations) and individuals (Heads of States, senior State officials, diplomats).
Among them are jurisdictional immunities – immunity from criminal, civil and administrative jurisdictions –, which are functionally necessary for international relations and politics to function, but may undermine the efficacy of certain dispute resolution processes. A commercial arbitration award rendered against a state or an international organization, for instance, may be denied enforcement on the grounds of jurisdictional immunity. In another context, the names of Pinochet and Ghaddafi echo as possible concerns about justice being prevented by immunities. This course first introduces the main principles and concepts governing jurisdictional immunities, and then discusses current issues and cases that recently have been the subject of much discussion.
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