Indonesian Journal of International Law


Sovereign Immunity in Commercial Transaction Under International Law

Siagian, Dewi Susanti (Unknown)



Article Info

Publish Date
13 Mar 2023

Abstract

Under international law, a state is immune from execution or judgement before any foreign jurisdiction. However, parallel with the urge to international transaction including between a state and a corporate, the international community demand a “protection” to the right of a corporate against a foreign government. Thus, international law is introducing a new doctrine of state immunity. Under the restrictive immunity, a state waives its right to immunity so long it become a party in a commercial transaction. On the other hand, the older doctrine which is absolute immunity, is giving the full protection to the state to any claim against it including its assets and properties. The purpose of this paper is to elaborate the current issue regarding the state immunity under international commercial transaction from the perspective of international law. The methodology used for this paper is library research. The research concludes that a sovereign is still having its immunity against any claim brought under international commercial transaction with certain conditions as required under international law.

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Journal Info

Abbrev

publication:ijil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

IJIL is intended to promote international law in Indonesia and to build the interest of scholars and decision-makers in the important role of international law in developing the rule-based international community. IJIL is intended to serve as an academic discussion forum on the development of ...