Foreign Sovereign Immunities
Foreign Sovereign Immunities
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Jurisdiction of States
Note: This section covers also the Principles of Jurisdiction.
Immunities from Jurisdiction
The principle of sovereign equality of States requires that the official representatives of one State should not be subject to the jurisdiction of another State. For example, the law of the sea provides that warships are subject only to the jurisdiction of the flag State. Even if warships commit acts contrary to the right of innocent passage or the laws and regulations of the coastal State, the coastal StateÂ’s only remedy is to escort the offending warship out of the territorial sea. The principle of State immunity or sovereign immunity provides that foreign sovereigns enjoy immunity from the jurisdiction of other States. The principle of diplomatic immunity provides that the diplomatic agents of the sending State have complete immunity from the criminal jurisdiction of the receiving State. Since this immunity belongs to the sending State and not to the diplomat, it can be waived by the sending State. Also, the receiving State has the right to expel any diplomatic agent from its country by declaring them persona non grata. The premises of an embassy or diplomatic mission as well as its records and archives are also inviolable. The authorities of the receiving State cannot enter a foreign embassy without the express permission of the head of mission, even in the case of an emergency.
International Sources
1963 Vienna Convention on Consular Relations, 21 U.S.T. 77, T.I.A.S. No. 6820, 596 U.N.T.S. 261 (entered into force for the United States Dec. 24, 1969)
1961 Vienna Convention on Diplomatic Relations, 23 U.S.T. 3227, T.I.A.S. No. 7502, 500 U.N.T.S. 95 (entered into force for the United States Dec. 13, 1972)
Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal Convention), 974 U.N.T.S. 178, 24 U.S.T. 564, T.I.A.S. No. 7570 (entered into force on Jan. 26, 1973)
Convention on Privileges and Immunities of the United Nations, opened for signature Feb. 13, 1946, 21 U.S.T. 1418, T.I.A.S. No. 6900 (entered into force with respect to the United States Apr. 29, 1970)
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention), Nov. 15, 1965
Inter-American Convention on International Commercial Arbitration (Panama Convention), Jan. 30, 1975, O.A.S.T.S. No. 42, 14 I.L.M. 336 (1975), implemented at 9 U.S.C. § 301 (2010)
International Convention Against the Taking of Hostages, G.A. Res. 146 (XXXIV), U.N. GAOR, 34th Sess., Supp. No. 45, U.N. Doc. A/34/45, at 245 (June 3, 1983), 1316 U.N.T.S. 205, T.I.A.S. No. 1108, 18 ILM 1456 (entered into force for the United States Jan. 6, 1985)
International Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID or Washington Convention), Mar. 18, 1965, 575 U.N.T.S. 159, 17 U.S.T. 1291, T.I.A.S. No. 6090
United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, ___ U.S.T. ___, 1465 U.N.T.S. 85
United Nations Convention on the Jurisdictional Immunities of States and Their Property, G.A. Res. 59/38, Annex, U.N. Doc. A/RES/59/38 (Dec. 2, 2004)
U.N. Convention on the Recognition and Enforcement of Arbitral Awards (New York Convention), June 10, 1958, 21 U.S.T. 2517, 330 U.N.T.S. 3, implemented by Chapter 2 of the Federal Arbitration Act, 9 U.S.C. §§ 201-207 (2010)
Foreign Sovereign Immunity
This section covers the following:
Foreign Sovereign Immunities Doctrine
Foreign Sovereign Immunities Legislative History
Foreign Sovereign Immunities Mean
Foreign Sovereign Immunity Government
Foreign Sovereign Immunity in International Law
Foreign Sovereign Immunity Law
Foreign Sovereign Immunity Meaning
In the United States
For furhter information about the Foreign Sovereign Immunities Act, click here. For a list of United States legal opinions relatad with the Foreign Sovereign Immunities Act, click here.
United States Foreign Sovereign Immunities Act of 1976
This section covers the following:
Foreign Sovereign Immunities Act Citation
U.S. Foreign Sovereign Immunities Act Commercial Activity Exception
Foreign Sovereign Immunities Act Definition
U.S. Foreign Sovereign Immunities Act Exceptions
U.S. Foreign Sovereign Immunities Act Instrumentality
United States Legislation: Foreign Sovereign Immunities Act
In relation to the international law practice and Foreign Sovereign Immunities Act in this world global legal platform (publication), please see the following section: