Иммунитет иностранного государства от принудительных мер

Abstract

The article is devoted to the analysis of the principle of states' immunity from enforcement measures as an independent component of the general principle of immunity of the state. The article also draws attention to the realisation of the given principle in international treaties and national practice. The article grounds the necessity of the restriction of the states' immunity from enforcement measures, since in the opposite case the restriction of jurisdictional immunity of the state will be devoid of its logical conclusion and final sense. The decisive role is played by the correct choice of the criterion of application of enforcement measures in regard of the property of the foreign state. In this connection, the article cites the most controversial cases that lack a single approach both in legal practice and national laws on the immunity of the state. With due consideration of the given contradictions, the author analyses from the critical point of view Articles 18, 19 of the draft of the Convention on jurisdictional immunity of the states and their property developed by Commission on International Law, and also states that the inclusion of the property of the central bank of the foreign state into the property category, that is provided safety from enforcement measures creates a certain disbalance in regard to the mutual respect of interest of the states and individuals (Art. 19 (1)(c)). This disbalance is also evident in point «c» of paragraph 1 of article 18 that requires the obligatory connection between the subject of the action and commercial property of the foreign state in the state of court as a condition of application of enforcement measures.