Immunité d’exécution et immunité de juridiction : distinction, comparaison, articulation

It is traditional to make both a clear distinction between jurisdictional immunity of States and immunity as to the property of the State, and to associate them in a strange situation of both dependence and independence. This article addresses three points. Firstly, the distinction between the two immunities, both in its traditional version, but also in its confrontation with more contemporary issues (Common Law injunctions, for example); secondly, the comparison of the two immunities, which is based on the premise that the exercise of coercion over State property constitutes a much more serious and concrete infringement of the State's interests than questions of access to justice; finally, the articulation of the two immunities, entirely built around the principle of the independence of these two immunities enshrined by the International Court of Justice, and which justifies, in particular, distinct criteria for waiver for each of the two immunities.