unless Parliament says you can, so said the Supreme Court today in Kazemi Estate v. Islamic Republic of Iran, 2014 SCC 62. I always thought state immunity meant that, so good to see that my knowledge of the law is still good. But what do I know about this stuff? Not much.
The person who does know a lot about this is my colleague Joanna Harrington who wrote the book on the subject. She and (three others) are co-authors of International Law: Doctrine, Practice, and Theory, 2nd ed. Toronto: Irwin Law, 2014.
She was also cited today by both the majority and the dissent in Kazemi. Four times by LeBel's majority and once by Justice Abella in dissent.