What is the argument that a sovereign state cannot be sued before a foreign court?
Canada (Federal), Canada
The following excerpt is from The Ship 'Atra' v. Lorac Transport, 1986 CanLII 3996 (FCA), [1987] 1 FC 108:
That view of the law finds an echo in this country, equally eloquent and equally absolute, in the words of Taschereau J. speaking for the court in Dessaulles v. Republic of Poland, 1944 CanLII 41 (SCC), [1944] 4 D.L.R. 1 at p. 7, [1944] S.C.R. 275 at p. 277 [translation]: There is no doubt that a Sovereign State cannot be sued before foreign Courts. This principle is based upon the independence and dignity of States, and international courtesy has always respected it. The jurisprudence has also adopted it as being the domestic law of all civilized countries.
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