restrictive principle of sovereign immunity

restrictive principle of sovereign immunity. The doctrine by which a foreign nation’s immunity does not apply to claims arising from the nation’s private or commercial acts, but protects the nation only from claims arising from its public functions. See COMMERCIAL-ACTIVITY EXCEPTION; JURE GESTIONIS; JURE IMPERII . [Cases: International Law 10.33. C.J.S. International Law §§ 46–48.]

“[T]he [Foreign Sovereign] Immunities Act codified the so-called ‘restrictive’ principle of sovereign immunity, as recognized in international law. Under this doctrine, the immunity of a foreign state in the courts of the United States is ‘restricted’ to claims involving the foreign state’s public acts and does not extend to suits based on its commercial or private conduct.” 14A Charles Alan Wright et al., Federal Practice and Procedure § 3662, at 161–62 (3d ed. 1998).


专业法律词汇 词条贡献者
资深译员Ting,世界知名语言学院法律英语专业,专注翻译各种与专业责任纠纷有关的法律文件。
Scroll to Top