Introduction

Until the early 20th century, common law and civil jurisdictions alike applied a doctrine of absolute immunity. According to this doctrine, foreign States were completely immune from the jurisdiction of municipal courts in accordance with the maxim par in parem non habet imperium (one sovereign is not subject to the jurisdiction of another) unless they consented to jurisdiction. The increasing participation of States in international trade and commerce triggered a move towards a more restrictive approach. According to the doctrine of restrictive immunity, States would only be ...