A Cross-sectional Review of Immunities under International Law: The Relationship between State Immunity, Head of State Immunity and Immunity of State Officials
| Project/Area Number |
25780031
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
International law
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| Research Institution | University of Shizuoka |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2018-03-31
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| Project Status |
Completed (Fiscal Year 2017)
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| Budget Amount *help |
¥3,900,000 (Direct Cost: ¥3,000,000、Indirect Cost: ¥900,000)
Fiscal Year 2016: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2015: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2014: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2013: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
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| Keywords | 主権免除 / 国家免除 / 人的免除 / 事項的免除 / 国家元首 / 政府職員 / 国際犯罪 / 刑事裁判手続 / 国連国際法委員会 / 外務大臣 / 免除 / 政府代表者 / 民事裁判手続 / 国家元首の免除 / 政府高官等の免除 / 国の職員の免除 |
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| Outline of Final Research Achievements |
The rules on State immunity ensure that States are able to properly perform their sovereign functions and maintain a stable inter-State relationship. The decision whether to grant immunity to a State has been based not on the classic application of jure imperii or jure gestionis criteria but on the consideration of different factors which vary according to the type of the case in question, in order to achieve the rationale of State immunity.
The rationale of immunity of State officials is the same as State immunity. In order to achieve this rationale, international law has recognized that Heads of State, Heads of Government and Ministers for Foreign Affairs (the “troika”) enjoy immunity ratione personae, while other State officials basically enjoy at least immunity ratione materiae. However, views remain especially divided on immunity ratione materiae from the exercise of foreign criminal jurisdiction in respect of crimes under international law.
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Report
(6 results)
Research Products
(8 results)
