SOVEREIGN IMMUNITY

• Date: 06 February 2019

In common law jurisdiction, an independent sovereign state may not be sued in the Courts against its will and without its consent. This doctrine of state or sovereign immunity evolved from rules of international law and same has been internalized and made part of the common law of England. Under the common law, exercise of Court’s jurisdictions against the sovereign state is deemed incompatible with the superior authority of the sovereign state. The doctrine is founded upon the broad considerations of public policy, International law and comity rather than on any technical rules of law. See Compania Naviera Vascongada v. S.S. Cristina (1938) 1 All ER 719 Per Lord Atkin at 720; United States of America and Republic of France v. Dollfus Mieg et cie SA and Bank of England (1952) AC 582 per Lord at 613. It is instructive to note that under the doctrine of sovereign immunity, the protection avails not only the State but to the Head of...