{"title":"7. 豁免","authors":"I. Bantekas, Efthymios D. Papastavridis","doi":"10.1093/he/9780192895684.003.0007","DOIUrl":null,"url":null,"abstract":"Immunity is a procedural bar whereby the courts of a country are precluded, while the immunity persists, from entertaining a suit, civil or criminal, against a person or entity. This chapter distinguishes the personal from functional immunities and then goes on to demonstrate the difference between acts undertaken in a public capacity, which always attract immunity, and those undertaken in a private capacity, which do not, as a rule, attract immunity. The chapter shows that, in recent years, the characterization of an act as being of a public nature has been restricted by the practice of States and national courts.","PeriodicalId":299882,"journal":{"name":"International Law Concentrate","volume":"96 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"7. Immunities\",\"authors\":\"I. Bantekas, Efthymios D. Papastavridis\",\"doi\":\"10.1093/he/9780192895684.003.0007\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Immunity is a procedural bar whereby the courts of a country are precluded, while the immunity persists, from entertaining a suit, civil or criminal, against a person or entity. This chapter distinguishes the personal from functional immunities and then goes on to demonstrate the difference between acts undertaken in a public capacity, which always attract immunity, and those undertaken in a private capacity, which do not, as a rule, attract immunity. The chapter shows that, in recent years, the characterization of an act as being of a public nature has been restricted by the practice of States and national courts.\",\"PeriodicalId\":299882,\"journal\":{\"name\":\"International Law Concentrate\",\"volume\":\"96 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-08-06\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Law Concentrate\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/he/9780192895684.003.0007\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Law Concentrate","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/he/9780192895684.003.0007","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Immunity is a procedural bar whereby the courts of a country are precluded, while the immunity persists, from entertaining a suit, civil or criminal, against a person or entity. This chapter distinguishes the personal from functional immunities and then goes on to demonstrate the difference between acts undertaken in a public capacity, which always attract immunity, and those undertaken in a private capacity, which do not, as a rule, attract immunity. The chapter shows that, in recent years, the characterization of an act as being of a public nature has been restricted by the practice of States and national courts.
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