التكييف القانوني للدفع بالحصانة السيادية للدولة

Abstract EN

The sovereign immunity of the state is one of the established principles in general international law, and upon researching the nature or adaptation of the payment of the sovereign immunity of the state, it was found that there are four jurisprudential opinions to indicate the nature of the defense of immunity to the state.

The first trend went to consider the defense of immunity as a defense of lack of state jurisdiction, while the second trend went to enumerate The sovereign immunity of the state is a plea of lack of international jurisdiction, and the third trend is the disbelief of immunity is a plea of non-acceptance, and the latter trend has conditioned the payment as pushing the ence of guardianship, which is a payment that may be made at any stage of litigation and is not considered public order and may be waived for whoever decided in its interest.