Documente Academic
Documente Profesional
Documente Cultură
Group 11
What
A principle is State law
of international Immunity?
which exempts a
State from prosecution or suit for the violation
of the domestic laws of another state.
State Immunity in Suit Filed by
Another State
The rule that a state may not be sued
without its consent is one of the
generally accepted principles of
International Law that we adopted as a
part of the law of the land
One of the attributes of the state is the
right of equality.
Akin to the right of equality of state is the
International Law principle par in parem non
habet imperium or an equal has no dominion
over an equal, which is the basis of the
doctrine of state immunity.
Under the maxim of par in parem non habet
imperium, a State cannot assume jurisdiction
over a case lodged against another State
unless the latter gives consent to be sued.
State Immunity in a Suit Filed
by an Individual
Implied Consent
Consent of the state to be sued is implied
when it enters into a business contract and
when it files a suit exposing it of being sued
through a counterclaim.
Business Contract
Complaint
If the state filed a complaint, one of the
procedural remedies for the defendant is
to file a counter-claim.
STATE IMMUNITY
GENERAL
LAW
EXPRESSED
SPECIAL
CONSENT LAW
IMPLIED BUSINESS
CONTRACT
Right of Just Compensation
Two Kinds :
1.Unincorporated Agency
Such as the DOJ, DOF, AFP, PNP,
NBI, BOC, are not created by law. Are
mere extensions of the personality of the
State.
The properties, rights and obligations
of unincorporated agencies all belong to
the state.
2. Incorporated Agency