State Immunity, Delegation of Public Powers to Private Actors and Access to Justice: Anything New Under the (European) Sun?

Abstract

Abstract Two recent judgments of the Court of Justice of the European Union and the Corte di Cassazione added further elements to the current debate on the limits to State immunity. The peculiarities of the facts of the two cases – which relate to the same events – brought the two courts to revisit the current state of play of international law vis-à-vis State immunity with respect to the delegation of public powers to private actors and the right of access to justice. In the present contribution, it is argued that these decisions might contribute to the evolution of customary international law on State immunity, paving the way for a more restrictive interpretation of the rule, at least at the European level.