Waiver of Immunity

Waiver of Immunity 22 WAIVER OF IMMUNITY* By Göran Melander, Assistant Professor of International Law, University of Lund, Sweden ... - - . - ..... - . - ;:'. The concept of the immunity of foreign states involves the traditional rule of international law that a state cannot be forced to appear as a defendant before the court of another state and that, likewise, it cannot in any other respect be the subject of intervention by the authorities of another state. The principle of immunity finds support in Swedish law. However, the scope of the immunity of foreign states is not clear. Legislation in this legal field is fragmentary and exclusively deals with questions of detail and in judicial prac- tice the question has come up only in few cases. Apparently Swedish Courts have had to take a position on this issue only in very few cases. However, in 1972 a case was decided by the Supreme Court, Tekno-Pharma AB v. the State of Iran (NJA 1972 C 434), in which the question of the im- munity of states was topical. The problem which primarily was involved was whether an arbitration clause contained in a private contract could be construed as http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

Waiver of Immunity

Nordic Journal of International Law, Volume 45 (1): 22 – Jan 1, 1976

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Publisher
Brill
Copyright
© 1976 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
D.O.I.
10.1163/187529376X00039
Publisher site
See Article on Publisher Site

Abstract

22 WAIVER OF IMMUNITY* By Göran Melander, Assistant Professor of International Law, University of Lund, Sweden ... - - . - ..... - . - ;:'. The concept of the immunity of foreign states involves the traditional rule of international law that a state cannot be forced to appear as a defendant before the court of another state and that, likewise, it cannot in any other respect be the subject of intervention by the authorities of another state. The principle of immunity finds support in Swedish law. However, the scope of the immunity of foreign states is not clear. Legislation in this legal field is fragmentary and exclusively deals with questions of detail and in judicial prac- tice the question has come up only in few cases. Apparently Swedish Courts have had to take a position on this issue only in very few cases. However, in 1972 a case was decided by the Supreme Court, Tekno-Pharma AB v. the State of Iran (NJA 1972 C 434), in which the question of the im- munity of states was topical. The problem which primarily was involved was whether an arbitration clause contained in a private contract could be construed as

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 1976

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