This article explores the tension between the foreign state immunity doctrine and the right to court access and it proposes a strategy for mitigating that tension. Part I explains the origins, evolution, and justifications of the foreign state immunity doctrine, according to which states are generally immune from suit in other states’ courts. Part II traces the more recent emergence of the right to court access, according to which a person is entitled to a hearing by an independent court for the determination of a legal claim. The right to court access, whether or not it has become a legally binding rule of international law, is widely accepted and increasingly legalized. Therefore, one important criterion for normative evaluation of the fo...
States normally enjoy immunity from suit by private parties, but they may waive this immunity. The S...
This Article attempts to clarify the doctrine of sovereign immunity and its exceptions in its applic...
The purpose of this article is to analyse the doctrine of state immunity. Customary international la...
This article explores the tension between the foreign state immunity doctrine and the right to court...
article published in law journalThe immunity of foreign states from suit in U.S. courts is governed ...
This Article provides a roadmap for cases involving foreign official immunity in U.S. courts. In 201...
This Article provides a roadmap for cases involving foreign official immunity in U.S. courts. In 201...
AbstractThis article examines the application of the right of access to a court as guaranteed by Art...
Prior to the State Immunity Act 1978, the doctrine of state immunity applied in English courts as a ...
Drawing the line between disputes that can be adjudicated in domestic (U.S.) courts and those that c...
English and American courts have come to regard it as \u27an axiom of international law\u27 that for...
The U.S. Supreme Court decided in Samantar v. Yousuf that claims of immunity by individual foreign o...
Immunities in international law expose multifaceted tensions between goals of international stabilit...
Ch. 1. Introduction. I. The Problem of State Immunity in General. II. State Acts Constituting Torts ...
This article explores whether domestic courts can deny jurisdictional immunity of a state as a count...
States normally enjoy immunity from suit by private parties, but they may waive this immunity. The S...
This Article attempts to clarify the doctrine of sovereign immunity and its exceptions in its applic...
The purpose of this article is to analyse the doctrine of state immunity. Customary international la...
This article explores the tension between the foreign state immunity doctrine and the right to court...
article published in law journalThe immunity of foreign states from suit in U.S. courts is governed ...
This Article provides a roadmap for cases involving foreign official immunity in U.S. courts. In 201...
This Article provides a roadmap for cases involving foreign official immunity in U.S. courts. In 201...
AbstractThis article examines the application of the right of access to a court as guaranteed by Art...
Prior to the State Immunity Act 1978, the doctrine of state immunity applied in English courts as a ...
Drawing the line between disputes that can be adjudicated in domestic (U.S.) courts and those that c...
English and American courts have come to regard it as \u27an axiom of international law\u27 that for...
The U.S. Supreme Court decided in Samantar v. Yousuf that claims of immunity by individual foreign o...
Immunities in international law expose multifaceted tensions between goals of international stabilit...
Ch. 1. Introduction. I. The Problem of State Immunity in General. II. State Acts Constituting Torts ...
This article explores whether domestic courts can deny jurisdictional immunity of a state as a count...
States normally enjoy immunity from suit by private parties, but they may waive this immunity. The S...
This Article attempts to clarify the doctrine of sovereign immunity and its exceptions in its applic...
The purpose of this article is to analyse the doctrine of state immunity. Customary international la...