Abstract

Based on the keynote speech at the 11th Conference of the Cape Town Convention Academic Project, this article considers the role of public international law, in particular the law of state immunity, in the interpretation and application of the Cape Town Convention. After setting out the legal framework of state immunity, it traces the reasoning process for determining whether an entity such as a state-owned airline is entitled to immunity from jurisdiction and immunity from enforcement. It reflects on the relationship between the Convention and the law of state immunity as enshrined in domestic and international law and also on the implications of the absence of a dedicated dispute settlement mechanism under the Convention.

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