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L’immunité juridictionnelle des États et des organismes d'État

Abstract : The issue of jurisdictional immunity of states was for centuries an undisputed matter based on the principle of state equality and absolute independence of states. The rules were developed at a time when it was thought to be an infringement of a state's sovereignty to bring proceedings against it or its officials in a foreign country. However, the functions of states have changed over the centuries and nowadays states are involved in commercial activities as a private person and accordingly play an essential role in the commercial activities of the world. In fact, the issue of state immunities is an increasingly important and rapidly developing area of international law and practice. The state practice reflects the emerging global consensus that States and State enterprises can no longer claim absolute, unrestrained immunity from the proper jurisdiction of foreign courts, especially for their commercial activities. Therefore, although the law of state immunity is related to the grant of immunities to states to enable them to carry out their public functions effectively, modern international law does not require the courts of one state to refrain from deciding a case merely because a foreign state is an unwilling defendant. It is therefore important to know how a plea of state immunity may be made and to what type of dispute it applies.
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Submitted on : Friday, May 24, 2019 - 10:02:30 AM
Last modification on : Friday, September 2, 2022 - 10:47:07 AM

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  • HAL Id : tel-02138750, version 1



Fatemeh Daneshvar. L’immunité juridictionnelle des États et des organismes d'État. Droit. Université de Lorraine, 2018. Français. ⟨NNT : 2018LORR0270⟩. ⟨tel-02138750⟩



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