State immunity

From ACT Wiki
Jump to navigationJump to search

Law - international law - sovereignty.

State immunity is the doctrine that protects countries from legal proceedings in the courts of any other country.

Equality of states
"State immunity - also known as sovereign immunity - derives from the theory of the sovereign equality of states.
Therefore one state has no right to judge the actions of another by the standards of its national law.
It protects an entity in two ways: by conferring immunity from adjudication (also known as immunity from suit) and by conferring immunity from enforcement and execution.
If a party is immune from adjudication, the court will be prevented from considering claims against that party and awarding a judgment or declaring rights and obligations against it.
If a party is immune from enforcement and execution, the court will be prevented from recognising a foreign judgment or an arbitral award against the immune party and from making and executing orders or injunctions against it.
International attitudes towards state immunity vary."
Adapted from Ashurst - news and insights.

See also