82,447
edits
Sovereign immunity: Difference between revisions
Jump to navigation
Jump to search
no edit summary
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 5: | Line 5: | ||
===What [[sovereign immunity]] is=== | ===What [[sovereign immunity]] is=== | ||
[[Sovereign immunity]] comes in two varieties, both relating to forms of [[litigation]]: | [[Sovereign immunity]] comes in two varieties, both relating to forms of [[litigation]]: | ||
*[[immunity from suit]]: wherein one cannot take court action for [[breach of contract]] against a [[sovereign]] ''at all''<ref>[[Sovereign immunity]] does of course cover non-contractual disputes and infractions — the drunken ambassador who seeks to avoid prosecution for running over a local fishwife on his way back from a saucy cabaret is the paradigm case, but it is not relevant to the [[JC]] so we shall not speak of it.</ref>; and | *'''[[immunity from suit]]''': wherein one cannot take court action for [[breach of contract]] against a [[sovereign]] ''at all''<ref>[[Sovereign immunity]] does of course cover non-contractual disputes and infractions — the drunken ambassador who seeks to avoid prosecution for running over a local fishwife on his way back from a saucy cabaret is the paradigm case, but it is not relevant to the [[JC]] so we shall not speak of it.</ref>; and | ||
*[[immunity from enforcement]]: having successfully taken court action for [[breach of contract]] against a [[sovereign]] ''somewhere else'', one cannot then [[Enforcement|enforce]] that judgment against the sovereign’s assets by way of getting your money back. | *'''[[immunity from enforcement]]''': having successfully taken court action for [[breach of contract]] against a [[sovereign]] ''somewhere else'', one cannot then [[Enforcement|enforce]] that judgment against the sovereign’s assets by way of getting your money back. | ||
===What [[sovereign immunity]] isn’t=== | ===What [[sovereign immunity]] isn’t=== | ||
| Line 26: | Line 26: | ||
{{contractual waiver of sovereign immunity}} | {{contractual waiver of sovereign immunity}} | ||
{{ | {{sa}} | ||
*{{isdaprov|Waiver of immunities}} - {{tag|ISDA}} | *{{isdaprov|Waiver of immunities}} - {{tag|ISDA}} | ||
*{{cdeaprov|Waiver of Immunities}} - {{tag|CDEA}} | *{{cdeaprov|Waiver of Immunities}} - {{tag|CDEA}} | ||
| Line 33: | Line 33: | ||
{{ref}} | {{ref}} | ||