What is the principle of sovereign immunity and how does it apply to international litigation?

The principle of sovereign immunity is a legal rule that prevents a nation or its government from being sued in a court of law without its consent. It is based on the idea that a nation should not be subject to the jurisdiction of another nation’s court system, and the foreign government should be free from interference from other nations. The principle of sovereign immunity applies to international litigation, meaning that, in order to sue a foreign government or its agencies in a court in Washington, that government must first give its consent. In international litigation, the foreign government’s consent is generally given through a treaty or an agreement with the nation whose court will be hearing the case. These agreements specify the extent to which the foreign government can be sued, what types of cases it may be subject to, and what the outcome of the case may be. Without the consent of the foreign government, a court in Washington would be unable to hear a case against that government. The principle of sovereign immunity doesn’t just affect cases against foreign governments, however. It may also apply to foreign corporations or individuals within the jurisdiction of the court. This means that, in order for a civil or criminal case to be brought against an individual or company in a foreign country, the court must first determine whether the person or entity is protected by the principle of sovereign immunity. If the court finds they are immune from suit, the case may not proceed.

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What is the principle of sovereign immunity and how does it apply to international litigation?

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