International Conference 'Jurisdictional Immunities of States and Their Property: Emergence of New International Customary Law Rules – By Whom?'

International Conference 'Jurisdictional Immunities of States and Their Property: Emergence of New International Customary Law Rules – By whom?' will be held on October 3-4, 2019 at the Faculty of Law, National Research University Higher School of Economics (HSE University)

This is a joint event organized by HSE University (Moscow, Russia), PluriCourts Center, Faculty of Law of the University of Oslo, and SciencesPo University, Paris.

About the conference:

Jurisdictional immunities of States is a controversial issue in current international law. A State may respect or disregard the sovereign immunity of other States in such instances as lawsuits of private parties, enforcement of judicial and arbitral awards, or measures of constraint against foreign States. The approach taken by a particular State may demonstrate its  approach to international law in general, to preferred means and modes of international dispute resolution, and to protection of human rights, property and investments.

The following issues are suggested for consideration and discussion:

1. How can the current shrinking of jurisdictional immunities of States be explained and assessed from legal, political, economic and philosophical perspectives? Does it reflect or reject Western hegemony,or rather crystallize universal or regional standards of accountability of States?
2. To what extent are restrictions on sovereign immunity desirable, to protect a free market, protection of fundamental human rights and other interests? Who are the drivers for further restrictions of sovereign immunity?
3. What are the main risks of such shrinking of state sovereignty for international law and international relations? How do affected States react to lawsuits and measures of constraint taken against them in foreign jurisdictions? What roles do China and Russia play?
4. How can the current turbulence be explained from the TWAIL and Global South perspective?
5. Will national courts (mostly courts of several Western countries, such as USA, UK, France, Germany, Italy) remain the driving force in developing contemporary international law of jurisdictional immunities? How should this situation be assessed in terms of the universality and legitimacy of the global legal order?
6. Should international courts (the ICJ, the ICC, the ECtHR, the International Tribunal for the Law of the Sea) play a more active role to consolidate and interprete the law of jurisdictional immunities of States and balance between different interests? 
7. Do international courts usually favor a more cautious and conservative understanding of the law of jurisdictional immunities of States compared to national courts? If so, why?
8. In what areas/situations are international courts better placed consider sovereign immunity issues in comparison with national courts and vice versa?

TIME AND VENUE: 

The event will take place at HSE University Moscow,11 Pokrovsky Boulevard, room F301, from 10:00 till 18:30 (October 3) and from 10-30 till 17-30 (October 4).

The working language of the Conference is English (without translation). Please see the conference programme below.

For questions concerning participation in the conference, please contact:

Vechkanova Jana: yvechkanova@hse.ru

Zhukova Tatyana: tzhukova@hse.ru

Jurisdictional Immunities Programme Final Version (30.09.2019)