2.2.10  Sovereign immunity

States generally benefit from two forms of immunity: jurisdiction and execution. State entities are immune from the jurisdiction of the courts of another state. This immunity results from the belief that it would be inappropriate for one state's courts to call another state under its jurisdiction, since this would erode the principle of independent national sovereignty. However, this immunity can generally be waived by the state entity. The state will also have immunity from execution, since it would be improper for the courts of one state to seize the property of another state. Just as courts do not have jurisdiction over foreign sovereign states under international law, they are also prevented from seizing the property of such sovereign states.11 Immunity from execution generally may also be waived.12




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11  O'ConnellInternational Law (2nd ed., 1970) at p 864.

12  Maryan Maryan"Negotiating with the Monarch; Special Problems when the Sovereign is your Partner" Project Financing in Emerging Markets 1996; Successful Development of Power, Mining, Oil and Gas, Telecommunications and Transportation Projects at 122 (1996).