Jurisdictional Immunity of States in the Evolving Practice of the Finnish Courts

International codification efforts have not yet yielded functioning treaty regimes relating to jurisdictional immunities of states and their property. In practice, however, many states have embraced a restrictive approach to state immunity, either in special legislation enacted to that effect, or in their judicial practice. There is no special legislation on state immunity in Finland, but the courts have been faced with state immunity questions on a few occasions. The courts have made an effort to apply the 2004 UN Convention on Jurisdictional Immunities of States and Their Property as a matter of customary international law binding on Finland. By so doing they have steered the Finnish practice towards restrictive understanding of state immunity.

State Immunity in Danish Law

With a primary focus on civil law, the article provides a general overview of the most important legislation, court decisions and other state practice in explaining how international law on state immunity applies in Denmark today. Although Danish court practice has been quite sparse, there have been a number of important decisions effectively implementing international state immunity law into Danish law. The article also reflects on the application and development of customary international law in Danish law outside Danish courts with a particular focus on the 2004 UN Convention on Jurisdictional Immunity of States and Their Property, which Denmark has signed, but not ratified. Other examples of Danish practice are briefly highligthed, underscoring the conclusion that Denmark has broadly embraced the restrictive approach to international law on state immunity.

State-Owned Entities and Human Rights

The monograph focuses on the human rights challenges that are associated with the involvement of States in economic activities and on the role that international law has to play in addressing and understanding some of those challenges. State-owned entities are looked at through the lens of several topics of international law that have been found to hold particular relevance in this context, such as the concept of legal personality in international law, the process of normativity in international law, State immunity and State responsibility. The monograph shows how SOEs have had a significant role in shaping the evolution of international law and how, in turn, international law is currently shaping the evolution of State-owned entities. By focusing on State-owned or State-controlled business entities, rather than private corporations, the monograph aims to offer an alternative perspective on the challenges associated with corporations and human rights.