مدى حصانة الدول أمام المحاكم الأجنبية

Abstract

Abstract:

The study dealt with the extent of state immunity before foreign courts. The significance of the research stems from the role of immunity in reinforcing the principle of national sovereignty and protecting states from foreign judicial intervention. The study aims to explore the concept of state immunity and its forms under international agreements, clarifying the circumstances under which immunity applies, and its exceptions. The research employed the inductive, analytical, and descriptive methods and was divided into four sections. The study addressed the definition of state immunity before foreign courts and its forms, the types of claims in which states cannot invoke immunity, state immunity from enforcement measures concerning lawsuits filed in court, and the impact of explicit consent and arbitration agreements on invoking immunity. The study concluded that state immunity is a fundamental principle for safeguarding sovereignty, but it is not absolute. The United Nations Convention provides a unified and clear framework for state immunities. The study recommended raising awareness among states about the importance of distinguishing between sovereign and commercial acts to avoid disputes.