State Immunity in Jurisprudence of Czech Courts

Van der Ploeg, Klar Polackova

Abstract

Th is paper discusses the understanding and application of the doctrine of State immunity in the courts of the Czech Republic. In 2008, the Czech Supreme Court reversed its previous conceptualization of State immunity as absolute and introduced a restrictive approach to State immunity. In doing so, the Court formulated the concept of so-called “functional State immunity”, which comparatively sets Czech practice apart from the practice of other States, and could therefore constitute the very contribution of Czech courts to the development of the contemporary doctrine of State immunity in international law. The paper analyzes this concept and the Czech approach more generally through a comparison with other jurisdictions, as well as with jurisprudence of international courts and relevant international instruments. On balance, the Czech State immunity regime is still largely underdeveloped, and many issues remain open for judicial elaboration in future cases.

Citation

Van der Ploeg, K. P. (2014). State Immunity in Jurisprudence of Czech Courts. Czech Yearbook of International Law, 5, 421-450

• Journal Article Type: Article
• Acceptance Date: Sep 1, 2014
• Publication Date: 2014
• Deposit Date: Dec 28, 2020
• Journal: Czech Yearbook of International Law
• Print ISSN: 2157-2976
• Electronic ISSN: 2157-2984
• Publisher: Juris Publishing
• Peer Reviewed: Peer Reviewed
• Volume: 5
• Pages: 421-450
• Keywords: State immunity, restrictive theory of immunity, Czech Republic
• Public URL: https://nottingham-repository.worktribe.com/output/4888961
• Related Public URLs: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2561475