Philippa Webb

Abstract

Four features make states potentially different to other litigants. First, states are still the principal player in international law—they are the parties to treaties, members of international organizations, and the makers and breakers of customary international law. They also establish courts, decide on budgets, and elect the judges. Second, states enjoy immunity from jurisdiction and from enforcement measures—courts are obliged to consider such immunity in limine litis and on their own initiative. Third, states, whether they are democracies or dictatorships, are political entities. Fourth, sovereignty is associated with notions of honor, dignity, and comity.