1887

1986 Meeting of Commonwealth Law Ministers and Senior Officials

Harare, Zimbabwe, 26 July – 1 August 1986: Memoranda

image of 1986 Meeting of Commonwealth Law Ministers and Senior Officials

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LMM(86)7 The Immunity of States from the Jurisdiction of Foreign Courts

A good deal of attention has been focussed in recent years in several countries including those in the Commonwealth on the question of the scope, extent and application of the doctrine of sovereign immunity in regard to claims to immunity by states from the jurisdiction of foreign courts. While the doctrine in its traditional form, based on the principle of par in parem non habet imperium. has been adhered to by a number of states over a long period, there has been a growing trend in some countries towards a restrictive application of the doctrine by carving out certain exceptions where immunity from jurisdictions were to be denied.

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