State Immunity: The United Nations Convention and its effect
Article from: TDM 5 (2005), in International Law
If a person is tortured by officials of a foreign state, can that state be sued in the courts of the victim's own country? Should a state ever be immune from proceedings in a foreign court when it has chosen to employ people in that foreign state, entered into commercial transactions there or agreed to arbitration? What are the rules of international law on state immunity and should they be changed? Is the new United Nations Convention a useful statement of the law? Or will it freeze the law and stop useful developments? Should states be encouraged ...