1) the customary nature of State immunity
State immunity derives from the principle of sovereign equality found in Article 2(1) of the UN Charter. It is “one of the fundamental pillars of the international legal order.” As between Italy and Germany this right is derived from customary international law, in the absence of a treaty to that effect. Based on its analysis of State practice and opinio juris, the ICJ said, “…practice shows that, whether in claiming immunity for themselves or according it to others, States generally proceed on the basis that there is a right to immunity under international law, together with a corresponding obligation on the part of other States to respect and give effect to that immunity.”