Book contents
- German Practice in International Law
- German Practice in International Law
- Copyright page
- Contents
- Contributors
- Foreword
- Preface
- GPIL – German Practice in International Law
- Table of Cases
- Table of German Statutes
- Table of Treaties
- Abbreviations
- 1 Foundations and Functions of International Law
- 2 States and Their Organs
- 3 Inter-State Political and Economic Relations and Transactions
- 4 State Jurisdiction and Immunities
- 5 State Responsibility and Liability
- 6 Antarctica, Sea, Air and Space
- 7 Individuals, Their Human Rights and Their International Criminal Responsibility
- 8 Natural Resources and the Environment
- 9 The United Nations and Other International Organisations
- 10 Use of Force, Arms Control and Disarmament
- 11 International Disputes and Their Settlement
- Annex 1 Notable Statements on International Law by Germany in 2019
- Annex 2 International Agreements Concluded by Germany in 2019
- Index
4 - State Jurisdiction and Immunities
Published online by Cambridge University Press: 19 May 2022
- German Practice in International Law
- German Practice in International Law
- Copyright page
- Contents
- Contributors
- Foreword
- Preface
- GPIL – German Practice in International Law
- Table of Cases
- Table of German Statutes
- Table of Treaties
- Abbreviations
- 1 Foundations and Functions of International Law
- 2 States and Their Organs
- 3 Inter-State Political and Economic Relations and Transactions
- 4 State Jurisdiction and Immunities
- 5 State Responsibility and Liability
- 6 Antarctica, Sea, Air and Space
- 7 Individuals, Their Human Rights and Their International Criminal Responsibility
- 8 Natural Resources and the Environment
- 9 The United Nations and Other International Organisations
- 10 Use of Force, Arms Control and Disarmament
- 11 International Disputes and Their Settlement
- Annex 1 Notable Statements on International Law by Germany in 2019
- Annex 2 International Agreements Concluded by Germany in 2019
- Index
Summary
This chapter deals with Germany’s position on State jurisdiction and immunities. It is structured in two parts: jurisdiction of the State and State immunity. In the first part, Germany’s portrayal of US sanctions against a Russian company as extraterritorial and illegal under international law is examined. It is argued that the USA has a clear jurisdictional basis for sanctions legislation in the territoriality principle and the active personality principle, and is thereby not infringing German sovereignty. In addition to this, Germany’s claim that US sanctions against Nord Steam 2 are contrary to international law is investigated in the first part. Again, it will be put forward that US sanctions are based on the principles of territoriality and active personality having only extraterritorial effects.
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- German Practice in International Law2019, pp. 139 - 154Publisher: Cambridge University PressPrint publication year: 2022