Abstract
AbstractThe interpretation or ruling on international immunity cases are often surrounded by controversies, sometimes leading to inconsistencies. The British municipal court rulings on international immunity cases are not exception, and in fact are embodiments of inconsistencies. The judgements have been consistently inconsistent. The rulings are not just characterized by controversies; they swim in controversies. Perhaps, these inconsistencies have not been more visible than in cases involving granting of sovereign immunity to political subdivisions or federating units. This was the case in the municipal court decision to deny a serving Governor of a state in Nigeria immunity from jurisdiction. The contention of this paper is that these inconsistencies are, primarily or fundamentally, due to susceptibility of British municipal courts to British national interest, and thus, not primarily due to controversial nature of international law. The paper therefore interrogates the interface between international ...
Highlights
International law evolved as customary law which originates largely in the practices and customs of the state over 500 years ago (Igwe, 2002)
Public international law is the law of nation which guides the conduct of states in international society, while private international law guides the conduct of people in the international society, especially in the areas of trade, contractual agreement, professions, etc. (Cassese, 1985; Freyne, 2010; Marti, 2002)
The principle of universal jurisdiction which sees torture as international crime comes under the treaty or convention entered freely by states whereas the principle of sovereign immunity comes under customary international law
Summary
International law evolved as customary law which originates largely in the practices and customs of the state over 500 years ago (Igwe, 2002). International immunity derives from international law which immunes the states and their representatives/functionaries like the heads of states and government, diplomats and consuls from the jurisdiction of the municipal courts of the other or receiving states in civil and criminal matters.
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