Sovereign Immunity

ConceptInternational

The doctrine that a state may not be sued without its consent

Overview

Rooted in the maxim that equals have no sovereignty over each other, sovereign immunity bars suits against states and their agencies absent consent, given by statute or waiver. The US Foreign Sovereign Immunities Act of 1976 and the UK State Immunity Act of 1978 codified restrictive immunity, drawing the line at commercial acts, and later American amendments carved out terrorism and a few other cases. Execution against state property stays narrower than liability. The doctrine's tension with accountability for mass harms is a live frontier.

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