staatsimmuniteit

Staatsimmuniteit, also known as sovereign immunity, is a legal doctrine that protects states from being sued in the courts of other states. This principle is rooted in the concept of sovereign equality, meaning that all states are considered equal and independent. Consequently, one state cannot exercise jurisdiction over another without its consent.

Historically, state immunity was absolute, meaning a state could not be sued in foreign courts under any circumstances. However, in the 20th century, this absolute immunity began to erode, particularly in cases involving commercial activities undertaken by states. This led to the development of the restrictive theory of sovereign immunity. Under this theory, states enjoy immunity for their sovereign or governmental acts, but not for their commercial or private acts.

The application of state immunity can be complex, and national laws and international conventions, such as the United Nations Convention on Jurisdictional Immunities of States and Their Property, provide frameworks for determining its scope. Determining whether an act is governmental or commercial often depends on the nature of the transaction and the purpose for which it was undertaken.

In practice, state immunity aims to prevent harassment of states by litigation in foreign courts and to ensure the smooth conduct of international relations. However, it can also create challenges for individuals or entities seeking redress against a state for wrongful acts, particularly when those acts are commercial in nature. Courts often look to treaties, customary international law, and domestic legislation to resolve disputes concerning state immunity.