Sovereign Immunity in Commercial Matters?

Scope of Sovereign Immunity:

Business or commercial activities carried out by one Country in the territory of another country ordinarily not entitled to plead sovereign immunity.

Principle of sovereign Immunity

There is no agreed principle except this: that each State ought to have proper respect for the dignity and independence of other States. Beyond that principle there is no common ground. It is left to each State to apply the principle in its own way, and each has applied it differently. Some have adopted a rule of absolute immunity which, if carried to its logical extreme, is in danger of becoming an instrument of injustice. Others have adopted a rule of immunity for public acts but not for private acts, which has turned out to be a most elusive test. All admit exceptions. There is no uniform practice. There is no uniform rule. So there is no help there.
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Public International Law

Public International Law ChairsAn Introduction to Public International Law

Definition of Public International Law:

Public International Law is that branch of law which deals with code of conduct including rights and duties of Sovereign States. The term sovereign states include other analogous entities like International Organisations, Inter-Governmental Organisation.
With phenomenal increase in global trade in last century popularly called Globalisation, many laws affecting Corporations and Individuals having presence in multiple countries and jurisdictions are also part of Public International Law.

Private International law is different from Public International Law in as much as the former deals with rights, liabilities and resolutions of disputes of private citizens or corporations with reference to the principles of conflict of laws.

Sources of Public International Law: Continue reading