Analysis on Principle of Sovereign Judicial Immunity in Municipal Courts in International Laws

Abstract

In this article principle of sovereign judicial immunity, developments and changes on this principle and change of principle of immunity from absolute to limited have been studied. Judicial immunity of foreign state in municipal courts is of the most important issues in international and national law. Judicial immunity in national law is a special situation which immunes holders from prosecution and exercising legal punishments and disturbance of government officials and international judicial immunity contains mentioned characteristics in international arena. Immunity is one of the principles of general international law which prevents summoning of a foreign state to municipal state courts. Absolute immunity which was considered as a dominant method in early 20 th century gradually changed to limited immunity doctrine according which, acknowledger state has no commitment about granting immunity to exercise incumbency of state and exercising limited immunity would lead to sovereignty exercise.