What is the doctrine of state immunity?

The doctrine of state immunity is a concept of international law that holds that a state cannot be sued in the courts of another state without its consent. This means that a citizen of one state cannot seek redress in the courts of another state for wrongs committed by their government, regardless if those wrongs violate human rights. In Florida, state immunity applies to state, county, and municipal governments. The doctrine of state immunity exists to protect sovereign governments from being sued. It is based in the notion that states are equal and sovereign, and to allow one state to interfere in the affairs of another would cause international chaos. Additionally, it preserves the separation of powers among the branches of government by preventing the court system from interfering in matters which would require the legislature or the executive branch to act. However, while state immunity protects governments from court proceedings, it does not preclude individuals from seeking redress against a government that has violated international human rights laws. In the United States, citizens can bring claims against governments for violations of international law and human rights through the Alien Tort Statute. This statute allows individuals to sue foreign and domestic governments for committing actions that would violate international law and human rights, even in cases of state immunity.

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