Suit against a Foreign Country

Sovereign Immunity

The doctrine of sovereign immunity states that a sovereign administration cannot be sued if that sovereign authority has not given its consent to be sued (Lectric Law Library . In effect , the doctrine bans the filing of a case against it (Minnesota Department of Administration . In the legal doctrines of the United States , it states that a suit cannot be s against the Federal or local governments (John Lobato Jeffrey Theodore , 2006 . This application carries the ambit that not only the government as a separate entity cannot be sued but also

its departments , agencies , and other instrumentalities are open to suit without its consent (American Law and Legal Information , 2008

The doctrine finds it origins in the old English legal maxim that the reigning monarch is incapable of committing a wrong act (Murali Krishnan , 2008 . In the United Kingdom , the monarch is still considered as the creator of the courts and laws , thus the sovereign cannot be forced or will not fall under the ambit of the procedures of that court (Krishnan , 2008 . Although it is the common and traditional notion that the doctrine is rooted in law , the basis of the practice of this doctrine is anchored on power , those that hold that power and their privilege from being sued in the exercise of that power (Minnesota

Until recently , the exercise of this doctrine was almost without question or challenge (Davis , Graham Stubbs LLP . However , several European states and the United States have taken a stand of a restrictive application of the doctrine (Davis . This approach states that foreign governments were protected from legal action for their public acts (acta jure imperii ) but are not protected fro suit for their private , or commercial , acts (acta jure gestionis (Davis . This approach stems from the reality that many nations , through their respective entities , engage in commerce across their bs (Davis

The realization of government leaders with global expansion of companies and business organizations , these governments have begun to rethink their advocacy for the doctrine of an absolute sovereign immunity (Daniel Bryer , 2008 . However , the courts especially in the United States , have continuously struggled as to the correct interpretation on the provisions of the statute and address questions on its application (Working Group of the American Bar Association . But recently , the United States Supreme Court ruled on the instances government entity can claim availment of the right (Minnesota . In the case of Steinke v City of Andover (1994 , the Court ruled on the differentiation of planning level , which is protected by the doctrine , and the operational level , which is not covered by the doctrine (Minnesota

HYPERLINK "http /www .lectlaw .com /def2 /s103 .htm " References

American Law and Legal Information (2008 . Sovereign immunity-suits against the states , suits against foreign governments . Retrieved September 25 , 2008 , from

HYPERLINK "http /law .jrank .org /pages /10388 /Sovereign-Immunity .html http /law .jrank .org /pages /10388 /Sovereign-Immunity .html

Bryer , D (2008 , September 25 . Liability under the anti-terrorism exception to the Foreign Sovereign Immunities Act : an expanding definition of...