How far does the Systemic Approach to Immunities take us?

TY - JOUR

T1 - How far does the Systemic Approach to Immunities take us?

AU - Webb, Philippa

PY - 2018/1/1

Y1 - 2018/1/1

N2 - The International Law Commission (ILC) explains in its 2017 Commentary to Draft Article 7 of its Draft Articles on the Immunity of State Officials from Foreign Criminal Jurisdiction that the draft articles are intended to apply within an international legal order whose unity and systemic nature cannot be ignored. The quest for coherence is admirable. It enhances legal certainty and predictability in an evolving area of the law. But a systemic approach can also go too far - stretching analogies and ignoring differences, seeing a trend where there is none. The trajectory of the ILC's work on Draft Article 7 illustrates certain dangers.

AB - The International Law Commission (ILC) explains in its 2017 Commentary to Draft Article 7 of its Draft Articles on the Immunity of State Officials from Foreign Criminal Jurisdiction that the draft articles are intended to apply within an international legal order whose unity and systemic nature cannot be ignored. The quest for coherence is admirable. It enhances legal certainty and predictability in an evolving area of the law. But a systemic approach can also go too far - stretching analogies and ignoring differences, seeing a trend where there is none. The trajectory of the ILC's work on Draft Article 7 illustrates certain dangers.

UR - http://www.scopus.com/inward/record.url?scp=85060964224&partnerID=8YFLogxK

U2 - 10.1017/aju.2018.10

DO - 10.1017/aju.2018.10

M3 - Article

AN - SCOPUS:85060964224

SN - 2398-7723

VL - 112

SP - 16

EP - 21

JO - AJIL Unbound

JF - AJIL Unbound

ER -