Ms. Shubhangi Chhonker, LLM [IP], Amity Law School, Amity University, Noida
ABSTRACT
An evaluative study named "An Evaluative Study on Dilution of Principle of Sovereign Immunity" examines the progressive erosion and historical development of the theory of sovereign immunity, which is a fundamental tenet of international law that protects states from lawsuits without their agreement. This principle, which has its historical roots in the idea that a sovereign state or ruler could do no wrong, shielded governments from lawsuits in foreign courts, particularly when it came to sovereign actions (acts jure imperii). But as human rights and responsibility have become more and more important, this theory has become less and less applicable, especially when it comes to economic activity (acts jure gestionis), when states are sued as private companies.
In order to hold states accountable, the research explores legal exceptions to sovereign immunity, such as situations involving violations of human rights and economic conflicts, where courts have distinguished between governmental and private conduct. Insofar as the erosion of sovereign immunity affects diplomatic relations, legal responsibility, and the direction of international law, it also looks at the wider effects of this change on international relations. Although the principle's erosion encourages justice and accountability, it also brings up worries about possible judicial overreach, strain on the legal system, and problems in international relations. The paper contends that the future course of international law and governance depends on striking a compromise between upholding state sovereignty and guaranteeing responsibility, particularly in situations involving abuses of human rights and commercial activity.
Keywords: Immunity, Sovereign immunity, Fundamental principle, Dilution.
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