Title: State immunity as an obstacle in civil proceedings

Authors: Abylaikhan Aben

Addresses: Higher School of Law, M. Narikbayev KAZGUU University, Astana, Republic of Kazakhstan

Abstract: The purpose of the article is to investigate the development of legislation on state immunity, in the presence of alternative dispute resolution options, and the essential need for quick regulation of existing procedural norms regarding state immunity. The article reviews the relevant literature on this topic through analysis and comparison. This paper covers the definition, role, and legal framework of state immunity in civil proceedings. Changes in the development of foreign economic relations have shaken the established theory of absolute immunity of states, and the international community, to establish fair economic relations, has gradually moved to the application of the theory of limited immunity in the form that is in effect today. State immunity still creates barriers in proceedings that not every plaintiff can overcome.

Keywords: legal basis; civil procedure; court; state; jurisdiction.

DOI: 10.1504/IJESDF.2023.133190

International Journal of Electronic Security and Digital Forensics, 2023 Vol.15 No.5, pp.495 - 515

Received: 19 May 2022
Accepted: 05 Oct 2022
Published online: 01 Sep 2023 *

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