What is the principle of sovereign immunity and how does it apply to international litigation?
The principle of sovereign immunity is a legal doctrine that prevents a nation from being sued in the courts of another nation without its consent. This serves as an acknowledgment that nations should be free from interference from the courts of other nations. In international litigation, sovereign immunity is a major factor to consider when bringing suit against a foreign country. In the case of international litigation, the defendant is usually a foreign government and the court applying sovereign immunity must assess whether suing the country would be considered unreasonable. If the court determines that it would be reasonable, then the plaintiff can move forward with their suit against the foreign government. In summary, sovereign immunity serves as a legal principle that protects nations from interference in the courts of other nations. This doctrine applies to international litigation as well. Before a plaintiff can sue a foreign government in the courts of another nation, the court must assess that it would be reasonable to do so. If it is deemed reasonable, then the plaintiff can move forward with their suit.
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