OSNOVNA PITANJA IMUNITETA I DOKTRINE O RADNJAMA STRANE DRŽAVE U MEĐUNARODNOM POSLOVNOM PRAVU
FUNADAMENTAL ISSUES OF STATE IMMUNITY AND THE DOCTRINE STATE ACT IN INTERNATIONAL BUSINESS LAW

Summary/Abstract: Whenever the State is one of the parties in transactions of International Business Law, its legal position becomes key question that needs to be resolved. It is from the utmost importance to define the State position, whether the State is directly involved as the contracting party (trough authorized organs) or it occurs as contracting party trough companies controlled by the State. In such cases a few very important questions must be answered: when appearing in that role, can the State invoke the State immunity doctrine or the State Act doctrine and what would it actually mean in this case? The subject of this paper will be the possibility of invoking the State immunity in the case of its occurrence as a party to the business that has private character by its legal nature. In the event of any complaint against the States, they often call upon their defense the objection that it was „ the action of the state“, beside the immunity institute. When it comes to the rules of state immunity, the basic question matters the passive identification: who can and who can not be sued. The focus of the question is whether the domestic jurisdiction can be established over the subject as the bearer of the sovereignty. In contrast, the Act of State doctrine is based on the rule that a one State court can not assess the action of another state when carried out in the territory where the state has the sovereign power.

• Details
• Contents