Recent Opposing Trends in the Conceptualization of the Law of Immunities

Abstract

Abstract Traditional rules concerning immunity of states from jurisdiction are currently being challenged by Italian domestic courts, seeking the possibility to provide exceptions to foreign immunity based upon the gravity of the foreign state’s conduct and the consequences for human rights following recognition of immunity. This trend is opposed to others that do recognize immunity for states, state agents, and international organizations, even where these do not establish internal procedures to adjudicate or ensure access to justice. The aim of the present work is to reconstruct the opposing emerging trends so as to reflect on their value in the promotion of new rules, and to determine their consequences in terms of the ‘crisis of the law of state immunity’.