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State immunity
The doctrine and rules of state immunity concern the protection which a state is given from being sued in the courts of other states. The rules relate to legal proceedings in the courts of another state, not in a state's own courts. The rules 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. There is now a trend in various states towards substantial exceptions to the rule of immunity; in particular, a state can be sued when the dispute arises from a commercial transaction entered into by a state or some other non-sovereign activity of a state. The United Nations Convention on Jurisdictional Immunities of States and their Property, which is not yet in force, formulates the rules and the exceptions to them. It does not cover criminal proceedings, and it does not allow civil actions for human rights abuses against state agents where the abuse has occurred in another country.
State immunity
References
[1] http:/ / conventions. coe. int/ treaty/ Commun/ ChercheSig. asp?NT=074& CM=0& DF=& CL=ENG
Based on the May 2005 international law programme from speakers Joanne Foakes and Elizabeth Wilmshurst, Chatham House (http://www.chathamhouse.org.uk/pdf/research/il/BPstateimmunity.pdf)Wikipedia:Link rot Hazel Fox (2008), The Law of State Immunity, Oxford University Press
External links
Text of European Convention on State Immunity (http://conventions.coe.int/Treaty/en/Treaties/Html/074. htm) Text of United Nations Convention on Jurisdictional Immunities of States and Their Property (http://legal.un. org/ilc/texts/instruments/english/conventions/4_1_2004.pdf)
License
Creative Commons Attribution-Share Alike 3.0 //creativecommons.org/licenses/by-sa/3.0/