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  • 4 - State Jurisdiction and Immunities

  • Edited by Stefan Talmon, Rheinische Friedrich-Wilhelms-Universität Bonn
  • Book:
    German Practice in International Law
    Published online:
    19 May 2022
    Print publication:
    09 June 2022, pp 139-154

  • Summary

    This chapter deals with Germany’s position on State jurisdiction and immunities. It is structured in two parts: jurisdiction of the State and State immunity. In the first part, Germany’s portrayal of US sanctions against a Russian company as extraterritorial and illegal under international law is examined. It is argued that the USA has a clear jurisdictional basis for sanctions legislation in the territoriality principle and the active personality principle, and is thereby not infringing German sovereignty. In addition to this, Germany’s claim that US sanctions against Nord Steam 2 are contrary to international law is investigated in the first part. Again, it will be put forward that US sanctions are based on the principles of territoriality and active personality having only extraterritorial effects.