Sovereign Immunity and Its Development in International Law

Abstract

Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution. In constitutional monarchies, the sovereign is the historical origin of the authority, which creates the courts. By this, the courts had no power to compel the sovereign to be bound by the courts, as they were created by the sovereign for the protection of his or her subjects. However, one has to not to be confused with the principle of public international law that the government of a state is normally not amenable before the courts of another state. This research critically examines the doctrine of sovereign immunity, which is no longer reflects the world we live in, as it doesn't accurately reflect the reduced importance of governments compared to private actors. There is an argument that this doctrine
should be eliminated.