Doctrine of State Immunity Flashcards
1
Q
What is the doctrine of state immunity?
A
The doctrine of state immunity provides that the State may not be sued without its consent. All states are sovereign equals and cannot assert jurisdiction over another, consonant with the public international principle of “par in parem no habet imperium”.
(Arigo v. Swift)
Likewise, public officials may not be sued for acts done in the performance of their official functions or within the scope of their authority. If the judgment against such public officials will require the State itself to perform affirmative act to satisfy the same, the suit may be regarded as against the State itself, although it has not been formally impleaded.
(Garcia v. CoS)
