Privileges and Immunities in International Law

Abstract

In general, every State has the exclusive right to exercise jurisdiction within its own territory. This jurisdiction is not absolute because it is subject to certain limitations imposed by international law. One instance where a State agrees to waive a part of its territorial sovereignty relates to foreign States who are accorded certain privileges and immunities. The rule of State immunity from suit in foreign courts is based upon and firmly grounded on the principles of independence, equality, and the dignity of States, which are deemed to be three characteristics of statehood. In fact, the well known maxim par in parem non habet imperium has been derived from these principles. Two different points of view exist on the subject of State immunity from suit in foreign courts. According to the classical or absolute doctrine of sovereign immunity,¹ immunity is granted ratione personae, irrespective of the nature of the act involved. On the other hand, the restrictive or newer theory of sovereign immunity draws a distinction between acts performed by a State in its sovereign capacity i.e. acts jure imperii and private acts i.e. acts jure gestionis, immunity being restricted only to acts jure imperii.