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The impact of new technologies on the law of State immunity: time for a reassessment of the scope of the territorial tort exception
(Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie, 2024) Alcici, Lucas Moreira
This paper argues that there should be a reassessment of the scope of the territorial tort exception to State immunity from jurisdiction. Due to the advance of technology, it is not uncommon that torts committed on the territory of a State, causing damages to properties, injuries to persons or deaths, have been originated, executed, or directed by a person situated on the territory of another State. This is usually the case with cyberattacks or attacks performed by drones, which have a transnational nature. When those torts are attributed to a foreign State, being committed by foreign State agents or private persons sponsored by a foreign State, the issue of State immunity arises in proceedings seeking redress before the courts of the State of the forum. This article claims the issue may be resolved by reinterpreting the territorial connection element of the territorial tort exception in light of the impact of new technologies to the law of State immunity.