1. SOVEREIGN IMMUNITY AND SOVIET STATE TRADING.
- Author
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Fensterwald Jr., Bernard
- Subjects
- *
JURISDICTION , *COURTS , *ACTIONS & defenses (Law) , *ORGANIZATION , *PRIVILEGES & immunities (Law) - Abstract
The article informs that a well recognized general proposition that upon request sovereign States are granted immunity from the jurisdiction of foreign courts. Under this doctrine States claim, and expect to receive, immunity regardless of the nature of the dispute in which an attempt is made to name them party defendant. This paper will consider the applicability of this doctrine to state trading organizations and state commercial activities, with particular reference to the Soviet Union. Immunity from jurisdiction means that, upon a proper motion, a court of one sovereign State will declare itself incompetent to pass upon the merits of certain causes of action brought against a foreign sovereign, its representatives, or its property
- Published
- 1950
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