Jurisdictional immunity of states and general international law – explaining the jus gestionis v. jus imperii divide

There is a widespread preconception that to sue foreign States before English or other national courts, notably fore human rights violations, you have to identify a well-established exception from the general rule that confers immunity to foreign States. This contribution offers ample evidence that such general rule does not exist and there is nothing from which any required exception should be substantiated. Instead, every act should be assessed on its own merit to see it it attracts immunity or not.