The relationship between State immunity and diplomatic immunity has always been a rather complex one. The two concepts undoubtedly have a common juridical background in the form of the concepts of sovereignty, independence and dignity. 1 On the other hand, recent developments in both fields have seen a move towards a more functional-based approach. Thus, in relation to diplomatic immunity, the dominant theoretical basis is that of functional necessity. 2 As regards State immunity, recent developments in both international law 3 and, more particularly, in UK law 4 , from absolute to restrictive State immunity, have resulted in a more functionally orientated approach, that is, a shift of emphasis in matters of State immunity from immunity ratione personae to immunity ratione materiae . 5 Now two recent cases in the United Kingdom have raised the possibility that, in the case of diplomats at least, the two concepts may be combined to provide a double immunity for diplomatic agents against civil suit. More controversially, the cases have raised the possibility of a third type of protection based upon immunity ratione personae in what could be said to amount to a modified act of State doctrine. The cases in question are Propend Finance Pty Ltd. v. Alan Sing and The Commissioner of the Australian Federal Police 6 and Re P (Diplomatic Immunity: Jurisdiction) . 7
Type Current Developments: Public Internationa Law Information International & Comparative Law Quarterly , Volume 47 , Issue 4 , October 1998 , pp. 950 - 958 Copyright © British Institute of International and Comparative Law 1998Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)
1. See Marshall , CJ in The Schooner Exchange v. McFaddon ( 1812 ) 7 Cranch 116 .Google Scholar
2. See, in particular, the Preamble to the Vienna Convention on Diplomatic Relations 1961.
3. See the recent work of the International Law Commission in this area, in particular, the Report of the Commission to the General Assembly on the work of its 35th session ( 1983 ) II(2) Yb.I.L.C 25 .Google Scholar
4. State Immunity Act 1978.