State immunity from measures of constraint: the state interests protected

RIVISTA DI DIRITTO INTERNAZIONALE, 2023
Abstract

The rationale for State immunity from foreign judicial measures of constraint against State property is the sovereignty and consequent equality of States. Whereas a State is immune from foreign civil proceedings themselves where, in the circumstances at issue in the proceedings, it was acting in the exercise of sovereign authority, it is immune from foreign measures of constraint against its property in connection with civil proceedings where, at the time of the application for the measure, it is acting or, in some cases, intending to act in the exercise of sovereign authority through that property. The obligatory grant of State immunity from measures of constraint serves to safeguard a State’s use of its property jure imperii. In so doing, it safeguards the State’s use of that property for the good of the political community of which the State is the juridical embodiment in international law. In upholding the sovereignty of the State, the international law on State immunity from measures of constraint against State property upholds the public good served by that State.