دانلود کتاب مصونیت حاکمیت تحت فشار هنجارها، ارزش ها و منافع

States have always enjoyed the privilege of sovereign immunity before foreign courts. The rule of absolute immunity, based on the classic formula par in parem non habet jurisdictionem, reflected a state-centered approach that dominated the international legal order until recently. Suing foreign governments in national courts was not an option and the only remedy private parties could have hoped for was the diplomatic protection of their own State. But that era of absolute sovereign immunity has progressively vanished in the twentieth century. The 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property (‘the UN Convention’) eventually consolidated the rejection of an already old paradigm and served as a catalyst for subsequent changes. The UN Convention, the Council of Europe Convention on the Immunity of States, the case-law of the European Court of Human Rights, and the legislation of a significant number of states, have crystalized the recognition of a restrictive immunity rule.