Jurisdictional immunity of the state: evolution of the doctrine
One of the key problems in the judicial consideration of compensation claims for damage caused to the health, life or property of Ukrainian citizens as a result of the armed aggression of the Russian Federation is overcoming the jurisdictional immunities of a foreign state. The existence of signific...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2023-07-01
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| Series: | Вісник Харківського національного університету внутрішніх справ |
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| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/539 |
| _version_ | 1797691075833364480 |
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| author | T. V. Stepanenko |
| author_facet | T. V. Stepanenko |
| author_sort | T. V. Stepanenko |
| collection | DOAJ |
| description | One of the key problems in the judicial consideration of compensation claims for damage caused to the health, life or property of Ukrainian citizens as a result of the armed aggression of the Russian Federation is overcoming the jurisdictional immunities of a foreign state. The existence of significant gaps in Ukrainian legislation regarding the regulation of restrictions on the jurisdictional immunity of a foreign State when a court considers private law disputes involving such a State gives rise to an urgent need to study the main provisions of the doctrine of jurisdictional immunity of a State with due regard for current trends in the development of private international law.
The purpose of the article is to demonstrate the achievements in legal science in the development of the doctrine of jurisdictional immunity of a foreign state in private law disputes and to identify further trends in its development with a view to taking it into account when drafting future national legislation.
The main stages and trends in the development of the doctrine of jurisdictional immunity of a foreign state in private international law have been studied. The evolution of international and national legislation, as well as the case law of national and international courts on the application of foreign state immunity in court proceedings has been considered. The tendencies in the development of the doctrine of jurisdictional immunity of the State in private law disputes involving foreign persons have been identified.
It has been concluded that the doctrine of jurisdictional immunity of the State in private international law has undergone significant development and changes over the past two centuries. At the present stage, the doctrine of jurisdictional immunity of a foreign state is on the threshold of a new period of development of the doctrine i.e. a period of further limitation of state immunity in favour of human rights, ensuring the necessary balance between state immunity and the right of an individual to access to court and a fair trial. At the international level, an approach is emerging whereby a state’s jurisdictional immunity should be interpreted in accordance with and in the light of jus cogens rules, in particular in cases of compensation for damage to life, health or property caused by armed aggression by a foreign state. |
| first_indexed | 2024-03-12T02:08:11Z |
| format | Article |
| id | doaj.art-693110478c9f485ba587550941291815 |
| institution | Directory Open Access Journal |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| last_indexed | 2024-03-12T02:08:11Z |
| publishDate | 2023-07-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Вісник Харківського національного університету внутрішніх справ |
| spelling | doaj.art-693110478c9f485ba5875509412918152023-09-06T20:55:18ZukrKharkiv National University of Internal AffairsВісник Харківського національного університету внутрішніх справ1999-57172617-278X2023-07-011012 (Part 2)557110.32631/v.2023.2.37539Jurisdictional immunity of the state: evolution of the doctrineT. V. Stepanenko0Kharkiv National University of Internal AffairsOne of the key problems in the judicial consideration of compensation claims for damage caused to the health, life or property of Ukrainian citizens as a result of the armed aggression of the Russian Federation is overcoming the jurisdictional immunities of a foreign state. The existence of significant gaps in Ukrainian legislation regarding the regulation of restrictions on the jurisdictional immunity of a foreign State when a court considers private law disputes involving such a State gives rise to an urgent need to study the main provisions of the doctrine of jurisdictional immunity of a State with due regard for current trends in the development of private international law. The purpose of the article is to demonstrate the achievements in legal science in the development of the doctrine of jurisdictional immunity of a foreign state in private law disputes and to identify further trends in its development with a view to taking it into account when drafting future national legislation. The main stages and trends in the development of the doctrine of jurisdictional immunity of a foreign state in private international law have been studied. The evolution of international and national legislation, as well as the case law of national and international courts on the application of foreign state immunity in court proceedings has been considered. The tendencies in the development of the doctrine of jurisdictional immunity of the State in private law disputes involving foreign persons have been identified. It has been concluded that the doctrine of jurisdictional immunity of the State in private international law has undergone significant development and changes over the past two centuries. At the present stage, the doctrine of jurisdictional immunity of a foreign state is on the threshold of a new period of development of the doctrine i.e. a period of further limitation of state immunity in favour of human rights, ensuring the necessary balance between state immunity and the right of an individual to access to court and a fair trial. At the international level, an approach is emerging whereby a state’s jurisdictional immunity should be interpreted in accordance with and in the light of jus cogens rules, in particular in cases of compensation for damage to life, health or property caused by armed aggression by a foreign state.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/539immunity in civil proceedingsjurisdictional immunity of the statejudicial immunityimmunity in lawefficiency of proceedingsfair trialcivil proceedings involving foreign persons. |
| spellingShingle | T. V. Stepanenko Jurisdictional immunity of the state: evolution of the doctrine Вісник Харківського національного університету внутрішніх справ immunity in civil proceedings jurisdictional immunity of the state judicial immunity immunity in law efficiency of proceedings fair trial civil proceedings involving foreign persons. |
| title | Jurisdictional immunity of the state: evolution of the doctrine |
| title_full | Jurisdictional immunity of the state: evolution of the doctrine |
| title_fullStr | Jurisdictional immunity of the state: evolution of the doctrine |
| title_full_unstemmed | Jurisdictional immunity of the state: evolution of the doctrine |
| title_short | Jurisdictional immunity of the state: evolution of the doctrine |
| title_sort | jurisdictional immunity of the state evolution of the doctrine |
| topic | immunity in civil proceedings jurisdictional immunity of the state judicial immunity immunity in law efficiency of proceedings fair trial civil proceedings involving foreign persons. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/539 |
| work_keys_str_mv | AT tvstepanenko jurisdictionalimmunityofthestateevolutionofthedoctrine |