IMMUNITY OF FOREIGN STATE OFFICIALS: ADVISORY REPORT BY THE NETHERLANDS GOVERNMENT ADVISORY COMMITTEE ON ISSUES OF PUBLIC INTERNATIONAL LAW

2011 ◽  
Vol 58 (03) ◽  
pp. 461-462
Keyword(s):  
The Netherlands ◽  
International Law ◽  
Advisory Committee ◽  
Public International Law ◽  
Foreign State

In Memoriam: Pieter Hendrik Kooijmans (1933–2013)

2013 ◽  
Vol 26 (2) ◽  
pp. 239-241 ◽  
Author(s):  
JANNE E. NIJMAN
Keyword(s):  
The Netherlands ◽  
International Law ◽  
Professor Emeritus ◽  
Public International Law ◽  
In Memoriam

Professor Emeritus of Public International Law Pieter Hendrik (Peter) Kooijmans passed away on 13 February 2013. He leaves a lasting void within the international-law community both inside and outside the Netherlands.

scholarly journals Immunity of International Organizations from the Perspective of International Law

2016 ◽  
Vol 9 (1) ◽  
pp. 41
Author(s):  
Fatemeh Mihandoost
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
International Organizations ◽  
State Courts ◽  
Government Officials ◽  
Legal Concept ◽  
Public International Law ◽  
Foreign State ◽  
The Government ◽  
Or Organization

<p>The purpose of this study is to identify the international immunity and its type. We also sought to evaluate the immunity of international organizations from the perspective of international law in this study. International organizations have immunity in the implementation of their programs and tasks. In fact, one of the principles of public international law is immunity that prevents the presence of a foreign state in state courts. In some cases, there is a possibility of cancellation of immunity and in other cases withdrawal of immunity is derived from a political mission. These cases include accepting to solve the commercial dispute through arbitration because contrary to the authority of the state judge, judgment to address the dispute is not one of the government figures; therefore, government summoned to court of arbitration is not considered as a violation of state sovereignty. In practice, immunity has changed over the time. In other words, immunity has been modified over time. Research method used in this article is a review of the literature and interviews with experts who examine and compare the rules and regulations and the existing notes at home and abroad, about the immunity of international organizations. In the current situation, international general discipline is contrary to this subject that the government or organization holding immunity, while being aware of that, definitely accepts the condition of turning to a referee, which attracts the other party’s confidence, and then refers to immunity in some stage of inspection or while implementing the sentence. The legal concept of immunity, in general, is the sense that its owner is immune from prosecution, law enforcement, and government officials and they will not be able to chase the holder of such immunity.</p>

Judge Peter Kooijmans

1997 ◽  
Vol 10 (1) ◽  
pp. 132-136 ◽  
Author(s):  
Marcel Brus
Keyword(s):  
The Netherlands ◽  
International Law ◽  
Great Pleasure ◽  
International Court Of Justice ◽  
Public International Law ◽  
Staff Members ◽  
Court Of Justice ◽  
International Court

When Peter Kooijmans took up his position as judge in the International Court of Justice on 6 February 1997, a formal end came to a career of about 30 years of teaching public international law in the Netherlands. This is why the Leiden Journal of International Law has asked me to write a few words about the work and person of Peter Kooijmans as a teacher of public international law, a task which I accepted with great pleasure, also on behalf of other staff members who have worked with Peter Kooijmans for many years.

scholarly journals Extraterritoriality in Private International Law

2021 ◽  
Vol 16 (5) ◽  
pp. 183-194
Author(s):  
L. V. Terenteva
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Private Law ◽  
Private International Law ◽  
Public And Private ◽  
Public International Law ◽  
Cross Border ◽  
Foreign State ◽  
Extraterritorial Jurisdiction ◽  
Definition Of

The paper questions the extraterritorial nature of foreign private law applied by the national law enforcement body in the regulation of cross-border private law relations. In view of the use of common terms “exterritorial” and “extraterritorial” in the framework of international public and private law regulation, it seems necessary to study the extraterritorial effect of foreign private law provisions through the prism of the substantive characteristics of extraterritoriality, formulated in the context of public international law. To this end, the author refers to the definition of extraterritorial jurisdiction as an international legal category and raises the question of how appropriate it is to admit, within the framework of a single definition, “extraterritorial” both the presence and absence of the manifestation of the sovereign will of the state on the territory of which any of the types of jurisdiction of a foreign state is exercised. Taking into account that the manifestation of the extraterritorial jurisdiction of one state in relation to another is realized in the absence of the latter’s sanction for its implementation, the author debates the admissibility of designation as extraterritorial foreign private law, the admissibility and limits of application of which are sanctioned by the national state.

4. International issues and the globalization of competition law

2019 ◽  
pp. 76-93
Author(s):  
Sandra Marco Colino
Keyword(s):  
International Law ◽  
Competition Law ◽  
Public International Law ◽  
National Courts ◽  
Foreign State ◽  
The Us ◽  
The World ◽  
International Issues ◽  
Global Agreement ◽  
The Eu

This chapter draws a distinction between public, institutional enforcement of competition law, which may raise issues of public international law, and private actions before national courts. The coexistence of competition law regimes around the world means that companies that trade internationally may find themselves subject to the law of a ‘foreign’ state. While in the US the effects doctrine is relied on to assert jurisdiction, in the EU there has been no explicit adoption of the effects doctrine. Instead, the EU relies upon an ‘implementation’ doctrine. Under principles of comity a state may recognize the interests of another state when applying its competition law. Multilateral initiatives have been taken to try to resolve difficulties, but there is at present no single global agreement on competition law.

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