2 May 2022

59

Doctrine for Sovereign Immunity

Format: APA

Academic level: College

Paper type: Research Paper

Words: 232

Pages: 1

Downloads: 0

Sovereign immunity is international law standards that allow government and its bodies/agencies to benefit from a range of immunities. It is applicable to the common law and civil law among other judicial systems. The doctrine of sovereign immunity assumes that a foreign state is immune from the jurisdiction of courts of other sovereign states. This doctrine to a considerable extent justifiable although it is part and parcel of the conventions that date back when sovereign possessed and controlled all its major functions such as hiring judges and paying for the courts and legal structure.

State immunity is an essential issue in the global litigation and often have case dispositive effect. Due to the pervasiveness of the foreign states, agencies, machinery, organs, and state-businesses in the global economy, numerous disputes revolving around sovereignty issues may occur. The United States and many other countries have authorized a restrictive type of sovereign immunity under which the "public actions" of overseas states are immune from jurisdiction in other states. For instance, in the United States, state immunity depends on the FSIA. It is important to note that other states have the same legislation. The United Nation Convention agreed upon by the General Assembly, may act as an essential multilateral agreement controlling the doctrine of sovereign immunity. Irrespective of what is approved in the UN Convention, the legal framework of the state immunity has experienced a remarkable change in the past years both in the United States and globally and its development is likely to continue in the future.

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StudyBounty. (2023, September 16). Doctrine for Sovereign Immunity.
https://studybounty.com/doctrine-for-sovereign-immunity-research-paper

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