State Immunity

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HomeBrud.gifLegal TerminologyBrud.gifState Immunity

States enjoy immunity from other States in connection with a proceeding of a Court from measures such as arrest, attachment and execution on the use of its property. This Doctrine of State Immunity is based on the concept of equality, independence and dignity of States. It follows the maxim ''par in parem non habet imperium'' (an equal has no authority over an equal).

  • Absolute Immunity: Immunity is in matters of political, administration and governmental functions
  • Restrictive Immunity: Immunity is not extended to commercial matters
  • Immunity is to the State, not to the individuals
  • Immunity is on the Act of the State
  • State immunity is possible and clearly visible in western and democratic countries but not in military, communist or autocratic countries where all properties are managed by the State
  • Courts use 'natural test' rather than 'purpose test' when dealing with cases related to State Immunity

Related Cases

  • The Schooner Exchange vs McFaddon (7 Cranch 116 (1812))
  • Sengupta vs Republic of India (1983 ICR 221 AER)
  • Trendtex Trading Corporation vs Central Bank of Nigeria (1977 QB 529)

See Also

  • Individuals enjoying immunity from territorial jurisdiction

Related Sections / Acts

Related Topics