Doctrine of Sovereign Immunity Flashcards
What is the doctrine of sovereign immunity?
By the doctrine of sovereign immunity, a State, its agents, and property are immune from the judicial process of another State, except with its consent. Thus, immunity may be waived and a State may permit itself to be sued in the courts of another State.
Sovereign immunity has developed into two schools of thought, namely, absolute immunity and restrictive immunity. By absolute immunity, all acts of a State are covered or protected by immunity. On the other hand, restrictive immunity makes a distinction between governmental or sovereign acts (acta jure imperii) and non-governmental, propriety, or commercial acts (acta jure gestiones). Only the first category of acts is covered by sovereign immunity.
