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The immunities of States and international organisations

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Information on the contribution

Member State
Croatia
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Croatia/2001/332
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Croatia - Jurisprudence of 25/05/2001

J. Š. B. (individual) v. the Embassy of Japan

Author(ity)

Zagreb Municipal Court

Date of the decision, of the judgment

25/05/2001

Points of law

N/a

Summary of the case

In this case, the Zagreb Municipal Court has not yet passed the final decision about state immunity. However, in this case there have been two opposite opinions regarding state immunity. The Ministry of Foreign Affairs establishes that in a labor dispute, a foreign country is able to be a party to the dispute because of limited state immunity in this category of cases. Contrary to that opinion, the Embassy of Japan holds that state immunity is absolute in accordance with general principles of public international law except in cases when a state expressly gives a consent for a trial before a court of a foreign country. The whole process is still ongoing.

Sources

Zagreb Municipal Court, the Ministry of Foreign Affairs via the Ministry of Justice

Additional information (explanations, notes, etc.)

Pursuant to Article 26 of the Civil Litigation Act of Croatia, in a dispute involving a foreign state or international organizations the relevant rules are those of public international law. In case of any uncertainties regarding the existence and scope of state immunity, an executive body in charge of judicial matters gives an explanation.