Keywords
jurisdictional immunities
state immunities
immunity from measures of constraint
United Nations Convention
How to Cite
Abstract
As a general rule, States enjoy jurisdictional immunity before the Courts of a foreign State. Nevertheless, contemporary international custom has shown that this rule has important exceptions, particularly when a State behaves as any other individual, establishing commercial relationships, hiring personnel in a foreign State, or being responsible for torts and damages. This article presents a general introduction to this topic, explaining the contents and scope of the Convention adopted by the United Nations in 2004 in relation to this issue, and analyzing this protection according to the Colombian laws and jurisprudence. The article concludes addressing the need for Colombia to harmonize its practice with the relevant international standards and suggests different scenarios for making the transit from an absolute theory to a relative one.
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