State Immunity and State-Owned Enterprises

摘要

The extent to which immunity should be enjoyed by agencies, connected to the State but not so closely as to constitute central organs of government, remains a perennial problem in the law of State immunity. In what circumstances can state-owned enterprises enjoy state immunity protecting them from civil or criminal legal proceedings in foreign jurisdictions? The straightforward expression of this question hides its true complexity. A complete exposition of the circumstances in which state-owned enterprises enjoy state immunity protecting them from civil or criminal legal proceedings in foreign jurisdictions would require a very detailed account of the principles and rules governing the immunities and privileges of foreign states generally under international law, as manifested in the domestic practice of individual states.