Authors: Mahdi Firoozabadian; Faramarz Yadegarian. “The Evolution of the Concept of Jurisdictional Immunity of States in the Domestic Laws of Eurasian Countries and Iran”. Central Eurasia Studies, 17, 2, 2024, 1-30.

Abstract:

This article examines the evolution of state immunity in the domestic laws of selected Eurasian countries. The research examines the evolution of state immunity in the laws and judicial practice of these countries and the common and different factors between them. The hypothesis is that, despite cultural and legal differences, the nations studied within the scope of the research have followed the same developmental path from absolute to relative immunity, but at different speeds and methods in each country. Post-Cold War, significant developments in human rights law and the distinction between acts of sovereignty (acta jure imperii) and commercial acts (acta jure gestionis) have played a key role in reforming state immunity. Using comparative-analytic methods, the present research examines laws, court procedures and important cases in the countries mentioned above. This suggests that most countries have gradually achieved relative immunity through new laws or procedural reforms. This is in line with contemporary international law, striking a balance between state sovereignty and human rights and facilitating international trade. Iran’s policy of state immunity, with its particular emphasis on reciprocity, has had profound impacts on its legal, diplomatic and economic relations with Eurasian countries. The study suggests that the transition to relative immunity, in implementing more democratic principles and defending human rights and coercive norms, plays an important role in creating a more just legal order and long-term progress around the world.

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