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The Practice of State Immunity and the Problem of Legal Regulation.


The article contains a detailed examination of the concept of state immunity, describes the practice of foreign countries with regard to claims against the Soviet (Russian) state and analyzes three cases: claims filed in France (the case of paintings by Matisse); claims in US courts (the case of “tsarist debts”); claims made by the Swiss firm Noga (on the basis of the decision of the International Arbitration Court in Stockholm). Furthermore, the author demonstrates how problems of state immunity are resolved in the acting legislation of CIS countries, and gives reasons in favor of the adoption of an independent law on state immunity.

M.M. Boguslavsky

Source publication: International Private Law: Contemporary Practice [Mezhdunarodnoye chastnoye pravo: soveremennaya praktika]. M., 2000. pp.213-238.

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