A state as a subject of private international law 👨‍⚖️

“Jurisdictional Immunity of the State" is…

• an international public law treaty

• the concept, the identical concept of "state sovereignty"

• the legal agreement of private international law, the establishment

  restriction of status recognition by the defendant and the plaintiff in civil proceedings

• on the application of a measure of restraint; foreclosure on

  property, state property.

The state as a special subject of international private law can

participate in legal relations complicated by a foreign element

• always, on an equal basis with other individuals and legal entities

• only in cases stipulated by the federal law of the Russian Federation:

  an international treaty ratified by the Russian Federation

• with the consent of the State Duma of the Russian Federation and the President of the Russian Federation

First State Immunity Law - Alien Immunity Law condition - accepted in...

• Russian Federation in 1998

• UK in 1988

• USA in 1976

• Australia in 1984

The dominant doctrine of state immunity in modern international

relationships - ... immunity.

• official

• absolute

• limited

• judicial

The essence of judicial immunity of the state

• any transactions involving the state can only be considered in special international courts

• transactions involving one state cannot be the subject of consideration in the courts

  another state (equal over equal has no jurisdiction)

• transactions involving the state, in principle, cannot be the subject of litigation

• the state itself determines the jurisdiction of transactions made by it

Fundamentals of the theory of state immunity

• principle of sovereign power of states (equal to ultra-high power has no power)

• norms of international agreements

• protection of fundamental human rights and freedoms

• summary of business practices

The concept of absolute state immunity comes from an eyewitness

• lawsuits against a foreign state are not prohibited without its recognition in a court of another state

• leakage protection state only when sovereign functions are received

• it is unacceptable to apply enforcement measures to the property of the state without its independence

• the state does not use immunization if the share is sold by income

• in accordance with the established procedure, the claim of the property of any state cannot be held liable by measures on the part of another state.