Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Observer
- Mexico
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Mexico/2003/492
- Attachments
- Translations
-
- No translations
- Add a translation
Appendix - Ley General de Immunidades Jurisdiccionales de los Estados Extranjeros.pdf
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Mexico - Jurisprudence of 01/11/2003
Database of the CAHDI "The immunities of States and international organisations" - contribution of Mexico - Jurisprudence of 01/11/2003
Latinamerican Institute of Educational Communication (ILCE) v. the Mexican District Court (no. 182 825)
Author(ity)
Supreme Court of Justice
Date of the decision, of the judgment
01/11/2003
Points of law
Inter alia (i) the enforcement of article 2 of the agreement between ILCE and the Mexican state which confers upon the former organization and its property jurisdictional immunity and immunity from execution; ii) by virtue of article 133 of the Mexican Constitution, the former referred agreement is part of the Mexican corpus iuris.Summary of the case
Jurisdictional immunitiesThe Latin-American institute of educative communication does not enjoy this prerogative when it hires employees to achieve its goals.
Foreign States or international organizations, when acting on another State as any other private entity or person, they execute acts that, in general, are not protected by the prerogative of jurisdictional immunity. Accordingly, the juridical act by which the referred Institute hires employees does not fall within the scope of those activities inherent to their goals or functions, since it is only an accidental activity that must be executed in order to achieve its goals. The former act must be catalogued as a private act, this is, the international organization, when, as legal person of private law that concludes a contract to be provided of a personal subordinated labor, executes a labor-hiring activity that falls within the scope of jure gestionis acts.
International jurisdictional immunity. It is not an unlimited prerogative.
The recognition of jurisdictional immunity that a State realizes towards another State or towards any international organization, must be considered as a characteristic that renders impossible for other States to exercise jurisdiction over the acts, in execution of its sovereign power, or concerning their own property or the property used for governmental non-commercial purposes. Nevertheless, the evolution of jurisdiction immunities, that in principle was regarded as absolute, is currently not unlimited since according to the doctrine, foreign States can execute two main kind of acts: ones that are identified with those that the State realizes in exercise of its sovereign power, and others which it realizes as any other particular or private personas, being the latter the ones to which jurisdictional immunity is not recognized.
