state immunity

简明释义

国营豁免权

英英释义

例句

1.Diplomatic missions often invoke state immunity 国家豁免权 to avoid legal actions in host countries.

外交使团通常会引用国家豁免权以避免在东道国的法律诉讼。

2.In many countries, state immunity 国家豁免权 is a fundamental aspect of international law.

在许多国家，国家豁免权是国际法的一个基本方面。

3.The court ruled that the defendant could not be held liable due to state immunity 国家豁免权 provisions.

法院裁定被告由于国家豁免权条款不能被追究责任。

4.The concept of state immunity 国家豁免权 can create challenges for victims seeking justice.

国家豁免权的概念可能给寻求正义的受害者带来挑战。

5.The principle of state immunity 国家豁免权 protects foreign governments from being sued in domestic courts.

国家豁免权的原则保护外国政府不受国内法院的起诉。

作文

State immunity is a fundamental principle in international law that protects sovereign states from being sued in foreign courts without their consent. This legal doctrine is crucial for maintaining the dignity and independence of states, as it prevents foreign jurisdictions from interfering in domestic matters. The concept of state immunity (国家豁免权) is rooted in the idea of sovereignty, which asserts that each state is equal and should not be subjected to the authority of another state. This principle is particularly important in fostering diplomatic relations and ensuring that states can engage freely in international trade and cooperation without the fear of legal repercussions in other jurisdictions.The origins of state immunity (国家豁免权) can be traced back to customary international law, where it was recognized that sovereign states have the right to govern themselves without external interference. Over time, this principle has been codified in various international treaties and conventions, such as the United Nations Convention on Jurisdictional Immunities of States and Their Property, adopted in 2004. This convention provides a comprehensive framework for understanding when and how state immunity (国家豁免权) applies, outlining exceptions and limitations to the principle.One of the key aspects of state immunity (国家豁免权) is its distinction between acts jure imperii and acts jure gestionis. Acts jure imperii refer to sovereign acts performed by a state, such as military actions or diplomatic functions, which are protected under state immunity (国家豁免权). In contrast, acts jure gestionis involve commercial activities, where the immunity may not apply. This distinction is critical, as it allows states to engage in commercial transactions while still preserving their sovereign rights.Despite its importance, state immunity (国家豁免权) has faced challenges in recent years, particularly concerning human rights violations and international crimes. Courts in some jurisdictions have started to question the absolute nature of state immunity (国家豁免权), arguing that states should not be immune from prosecution when they are accused of serious violations of international law, such as genocide or torture. This evolving interpretation reflects a growing recognition that accountability for human rights abuses must be prioritized over traditional notions of sovereignty.Moreover, the rise of international tribunals and courts, such as the International Criminal Court (ICC), has further complicated the discourse surrounding state immunity (国家豁免权). These institutions aim to hold individuals accountable for crimes against humanity, often challenging the notion that states can shield themselves behind immunity when gross violations occur. This has led to debates about the balance between respecting state sovereignty and ensuring justice for victims of atrocities.In conclusion, state immunity (国家豁免权) is a vital principle in international law that safeguards the sovereignty of states. While it plays an essential role in maintaining international relations and promoting trade, the evolving landscape of international law raises important questions about its limits, especially in the context of human rights. As global dynamics continue to shift, the discourse surrounding state immunity (国家豁免权) will undoubtedly evolve, necessitating a careful examination of how best to balance state sovereignty with the pursuit of justice and accountability.