State Immunity in Dutch Civil Proceedings

The centrepiece of State Immunity in Dutch Civil Proceedings is a critical analysis of the conformity of these provisions with those of the relevant current Dutch law of civil procedure and the current Dutch views on State immunity. The analysis does not shy away from the potential for conflict and evaluates the possible added value the convention may have for Dutch legal practice.

The law of State immunity
The law of State immunity is set in a “world in-between” - in more ways than one. It is a part of public international law; its application, however, is subject to national law of civil procedure. Historically, it has almost exclusively been part of customary law and therefore notoriously difficult to grasp. Now, with the adoption of the United Nations Convention on Jurisdictional Immunities of States and Their Property, there is a realistic chance of establishing a binding and uniform set of rules internationally. Though not yet in force, the United Nations Convention has already been embraced by courts as a welcome representation of the current state of customary law.