82,387
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 1: | Line 1: | ||
{{a|negotiation|[[File:Percy and Queenie.png|centre|thumb|[[Percy, who’s Queen?]]]]}} | {{a|negotiation|[[File:Percy and Queenie.png|centre|thumb|[[Percy, who’s Queen?]]]]}}Why would an entity — regardless of its absolute executive power — think it should ever be entitled to claim immunity from suit or enforcement on a [[commercial contract]]? | ||
Why would an entity — regardless of its absolute executive power — think it should ever be entitled to claim immunity from suit or enforcement on a [[commercial contract]]? | |||
There is ''no'' good reason, except “[[Percy, who’s Queen?]]” | There is ''no'' good reason, except “[[Percy, who’s Queen?]]” | ||
===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''=== | ||
====It doesn’t void your contract altogether==== | ====It doesn’t void your contract altogether==== | ||
[[Sovereign immunity]] can’t immunise a sovereign against parts of a [[commercial contract]] it has already performed, since the aggrieved commoner doesn’t have to take action to recover sums it has already been paid. If the [[sovereign]] pays a sum owed, it stays paid. Immunity can’t help the [[sovereign]] here. It cannot — by legal means — recover moneys it has paid, unless it takes court action, and doubtless your [[legal opinion]]s will tell you ''that won’t work'' (and will operate to [[Waiver of immunities - ISDA Provision|waive]] [[sovereign immunity]] anyway).<ref>To be sure, a bossy [[sovereign]] can park its tanks on your lawn, waterboard you, and throw your children to its pet crocodile, but this is an [[extra-legal]] act, not a legal one and the [[JC]] cares not one whit for practical, extra-legal acts. What can one say about them, other than, “that was horrid”?</ref> | [[Sovereign immunity]] can’t immunise a sovereign against parts of a [[commercial contract]] it has already performed, since the aggrieved commoner doesn’t have to take action to recover sums it has already been paid. If the [[sovereign]] pays a sum owed, it stays paid. Immunity can’t help the [[sovereign]] here. It cannot — by legal means — recover moneys it has paid, unless it takes court action, and doubtless your [[legal opinion]]s will tell you ''that won’t work'' (and will operate to [[Waiver of immunities - ISDA Provision|waive]] [[sovereign immunity]] anyway).<ref>To be sure, a bossy [[sovereign]] can park its tanks on your lawn, waterboard you, and throw your children to its pet crocodile, but this is an [[extra-legal]] act, not a legal one and the [[JC]] cares not one whit for practical, extra-legal acts. What can one say about them, other than, “that was horrid”?</ref> | ||