Philippa Webb

In: Proceedings of the ASIL Annual Meeting, Band 112, S. 242-243

Abstract

Four features make states potentially different to other litigants.
First, states are still the principal player in international law—they are
the parties to treaties, members of international organizations, and the
makers and breakers of customary international law. They also establish
courts, decide on budgets, and elect the judges. Second, states enjoy
immunity from jurisdiction and from enforcement measures—courts are obliged
to consider such immunity in limine litis and on
their own initiative. Third, states, whether they are democracies or
dictatorships, are political entities. Fourth, sovereignty is associated
with notions of honor, dignity, and comity.