SOVEREIGN IMMUNITY AND THE ENFORCEMENT OF CONTRACT

Sovereignty as understood in international law is the exclusive right to assert within a clearly defined limits the functions of a state. It refers to the supreme, absolute and uncontrollable power by which the independent state is governed having supreme political authority, paramount control of the constitution combined with the rights and powers of regulating its internal affairs without foreign dictation. The principle of sovereignty is fundamental in international customary law. In the context of Public international law the law of state immunity means the legal principles and rules under which a foreign state may claim exemption from, suspension of or non amenability to the jurisdiction of another state (the territorial or forum state). Jurisdiction means the comprehensive governmental power of a state, including, in particular, its legislative, judicial and administrative powers.