Trends in the development of jurisdictional immunity of a foreign state under continental law

The article examines the current trends in legal regulation of relations on granting jurisdictional immunity to a foreign state in the countries of the continental legal family. The author analyzes the regulations in this area and shows the role of judicial practice in this process. A comparative characterization of the application of the concept of limited immunity in Western countries is given. The term «immunity of a State as a subject of international law» means that each State is not subject to the jurisdiction of another State and is not subject to any authority (legislative, executive or judicial) of a foreign State. Sovereignty and the fact that all states are equal are the basis of state immunity. Ancient Rome used well-known phrases to define the equality of states: «par in parem pop habet imperium», which means «equal over equal has no power», and «par in parem non habet iurisdictionem», which means «equal over equal has no jurisdiction». According to the idea of limited immunity, a foreign state may have jurisdictional immunity when it executes acts of juris imperii. In the same cases, the state can be sued as a private person, and it cannot rely on immunity from foreign jurisdiction, as well as immunity from seizure of property as a means of securing a claim and recovering property. According to the proponents of this idea, the main criterion for determining the sovereignty of state actions is the participation of the state in transactions that are usually carried out by individuals and corporations, and not the ultimate goal of these actions. In this case, the practice of national courts should take into account both the interests of states (uninterrupted performance of their public duties) and the interests of private plaintiffs.