By Armin von Bogdandy, Rüdiger Wolfrum (auth.)
The first 3 volumes of the realm court docket Digest hide the classes 1986 to 1990, 1991 to 1995 and 1996 to 2000. we're chuffed to factor the fourth quantity, protecting the interval from 2001 to 2005. we are hoping that this new Digest could be welcome to all these drawn to the case legislation of the foreign courtroom of Justice. we're, after all, acutely aware that these days the selections of the courtroom are simply obtainable via digital facts structures. even if, there's no systematic research to be had within the shape offered via the area courtroom Digest. as a result, the Digest can be worthy if you desire to locate the latest place of the courtroom on a specific factor of overseas legislations. because the 3 past volumes, additionally this fourth quantity should be made on hand via digital info at the homepage of the Max Planck Institute for Comparative Public legislation and overseas legislations. the 1st 5 years of the hot century were a hectic interval for the courtroom because of its carrying on with heavy caseload. The instances involved a number of felony matters achieving from using strength and self-defence to questions of land and maritime boundary delimitation, immunity, consular issues, revision of judgments and the impression of provisional measures. The events to the circumstances have been States from all elements of the area demonstrating the final attractiveness of the Court.
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The same applies to the corresponding provisions of the Vienna Convention on Consular Relations of 24 April 1963, to which the Congo and Belgium are also parties. Subjects of International Law 33 The Congo and Belgium further cite the New York Convention on Special Missions of 8 December 1969, to which they are not, however, parties. " These conventions provide useful guidance on certain aspects of the question of immunities. They do not, however, contain any provision specifically defining the immunities enjoyed by Ministers for Foreign Affairs.
Immunity" and "jurisdiction" are inextricably linked. Whether there is "immunity" in any given instance will depend not only upon the status of Mr. Yerodia but also upon what type of jurisdiction, and on what basis, the Belgian authorities were seeking to assert it. 4. While the notion of "immunity" depends, conceptually, upon a pre–existing jurisdiction, there is a distinct corpus of law that applies to each. What can be cited to support an argument about the one is not always relevant to an understanding of the other.
There is broad agreement in the literature that a Minister for Foreign Affairs is entitled to full immunity during official visits in the exercise of his function. This was also recognized by the Belgian investigating judge in the arrest warrant of 11 April 2000. The Foreign Minister must also be immune whenever and wherever engaged in the functions required by his office and when in transit therefor. 84. Whether he is also entitled to immunities during private travels and what is the scope of any such immunities, is far less clear.