Sovereign immunity in international law : recent developments

Abstract

This thesis focuses on the major recent developments of the doctrine of sovereign immunity concentrating on the major exceptions that have been statutorily established following judicial practice. The Concept of State, the Commercial Transaction exception, Immunity in Employment Matters and Immunity from Execution have all been identified as critical issues undergoing constant development. These are reflected in the difficulties encountered to reach universal agreement in the codification of the Draft Articles on the Jurisdictional Immunities of States and their Properties of the ILC. A detailed analysis of these topics required specific reference to national legislations and court decisions, thus satisfying the main aim of my thesis, that is, to identify the variety in the enactments and the different approaches adopted by courts in solving the disputes. Most particularly through its restrictive aspect, the doctrine of sovereign immunity is becoming more conscious of the interests of the private party as against the privileged position of the state that is accorded immunity. Above all this thesis is a reflection of the difficulty encountered in establishing a demarcation line between immune and non-immune activities of the State.