Suits Against Foreign States
In: American journal of international law: AJIL, Band 25, Heft 1, S. 50-62
ISSN: 2161-7953
Under what circumstances is a state entitled to claim immunity from suit in the courts of another state? It is an old problem which assumes new importance in the face of the steadily enlarging scope of governmental commercial enterprise. Considerable difference of opinion has manifested itself. In England and the United States, where the principle of the immunity of the sovereign before the courts of its own state has long been firmly entrenched, there has been a decided reluctance to open the door to suits against foreign states, however commercial in character the controversy may be. On the Continent a more liberal tendency has long been making itself felt. On general principles, the subject would seem to be one to invite regulation by international agreement.