The State Immunity Controversy in International Law Private Suits Against Sovereign States in Domestic Courts

The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.

Furthermore, the state never acts as a juridical or natural person and, therefore, in logical terms, its functions cannot be divided into potere politico and persona civile, as a prelude to determine jurisdiction. The said Italian doctrine therefore is ex facie erroneous, and that a simple dichotomy between absolute immunity and restrictive immunity wholly predicated on the nature test alone would not be helpful in promoting justice. Hence, arbitration and comparative dominant theory are suggested instead in the resolution of this elusive problem.

The Origins of Absolute Immunity of States.- The Development of Sovereign Immunity.- The Privileges and Immunities of States.- Restrictive Immunity in U.S. and U.K. Courts.- Private Suits Against African States in Foreign Courts.- African States and the Practice of State Immunity.- The ILC Report On Jurisdictional Immunities of States.- State Immunity and Certain Unresolved Problems.- State Immunity and Violation of International Law.- UN Draft Convention on State Immunity.- The Current Law of State Immunity.- Conclusion.

Dr Ernest K. Bankas is a legal scholar/Jurist Consult; Advocate on human rights and public international law.

-              Education: BA Hons, LLB Hons, MA, LLM, LLM, SJD Law and PhD in law.

-              PhD in public international law, Durham University 2000 UK.

-              SJD in Conflict of LAWS, SMU, 1990, Law school, Dallas Texas.

-              An expert in Public international law and Private international law.

-              Holds an LLM in international Criminal law from Washington University USA.

-     Awarded, Boutros Boutros Ghali, UN Scholarship to The Hague Academy of international law 1977.

-              Worked with Rad Associates Law office 1991- 4.

-              Visiting post-Doctoral Scholar, Durham University UK, 1995-2000.

-              Editorial member of the International law journal (Cornell University 1994 USA).

-              Testified as an expert before Federal District Court in Dallas Texas.

-              Published an article on conflict of laws in the International Lawyer.

-              Published two articles in the Durham student law review Known as Inter Alia.

-        Published a Book on Public international law. The state immunity Controversy in international law 2005.

-          Forthcoming second edition: The state immunity controversy in international law 2021.

-              Associated with Swansea University, Wales UK.