Clothing State Governmental Entities with Sovereign Immunity: Disarray in the Eleventh Amendment Arm-of-the-State Doctrine

The extent to which foreign sovereigns are entitled to immunity in municipal courts has attracted a vast literature, in recent years especially. The majority view now seems to be that immunity need not extend to commercial transactions entered into by the state, although the precise scope of this “exception” remains unsettled, and the role of international law in “extending” or “withholding” immunity has not yet, perhaps, been clearly analyzed. Indeed, it has been denied that there is any international law rule at all on the subject, a view that would presumably leave each state free to formulate, or negotiate, its own rule.

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Crisis of Sovereign Immunity of the Kyrgyz Republic: The Appropriateness of Openness to Arbitration Disputes

Bulletin of Science and Practice ◽

10.33619/2414-2948/54/49 ◽

2020 ◽

Vol 6 (5) ◽

pp. 382-387

Author(s):

D. Khodos

Keyword(s):

The State ◽

Kyrgyz Republic ◽

Sovereign Immunity ◽

Investment Activity ◽

International Regulation ◽

International Tribunals ◽

The Law

The article analyzes the current issues of national and international regulation of investment activity and assesses the issue of protecting the sovereign immunity of the Kyrgyz Republic and raises the question of the advisability of unilaterally reducing the level of its own jurisdictional immunity on the part of the state through its own legislation. The provisions of the Law of the Kyrgyz Republic On Investments in the Kyrgyz Republic are discussed, which enshrine the state’s open, permanent consent to arbitration in international tribunals.

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Sovereign Impunity: The Supreme Court of Georgia's False Textualism Expands the Doctrine of Sovereign Immunity in the State

SSRN Electronic Journal ◽

10.2139/ssrn.2526226 ◽

2014 ◽

Author(s):

Laura Rae Dove

Keyword(s):

Supreme Court ◽

The State ◽

Sovereign Immunity ◽

The Supreme Court

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Public Roads

The Oklahoma State Constitution ◽

10.1093/oso/9780197514818.003.0024 ◽

2020 ◽

pp. 277-280

Author(s):

Danny M. Adkison ◽

Lisa McNair Palmer

Keyword(s):

Native American ◽

The State ◽

Sovereign Immunity ◽

The Public ◽

State Highway ◽

Governmental Function ◽

Highway System

This chapter discusses Article XVI of the Oklahoma constitution, which concerns public roads. Building and maintaining a state highway system is a mandatory governmental function over which the state enjoys “sovereign immunity.” Section 1 states that “the Legislature is directed to establish a Department of Highways, and shall have the power to create improvement districts and provide for building and maintaining public roads, and may provide for the utilization of convict and punitive labor thereon.” Section 2 clarifies that the state does not attempt to preempt the federal government’s actions and rights with regard to the public highways. It also assures that this provision was not intended to take away the rights of a Native American tribe. Section 3 gives the legislature broad powers to use its discretion to make, and to generate money for, a system of levees, drains, and irrigation ditches. The state may pay for such items through taxation.

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