2.5 Immunity from Suits

The state immunity (the public law's entry into the private case): the foreign state's immunity from the national courts — the absolute doctrine's classic (the state never sued) → the restrictive doctrine (the commercial acts suable (the jure gestionis vs jure imperii distinction — the modern rule)); the immunity's waiver (the agreement, the commercial entry); the international organisations' immunities (the headquarters' agreements); the diplomats' immunity (the Vienna Convention's line (LAW 303's companion)); the heads-of-state faces. The Nepal practice: the immunity's respect in the courts; the restrictive doctrine's modern acceptance (the commercial state's suability — the functional describe). Exam Focus Long questions: (i) The jurisdictional bases (the catalogue — the banker); (ii) The limitations' craft (the forum non conveniens-lis pendens pair). Short questions: in rem vs in personam; the restrictive immunity; the submission base. Trick areas: (i) The jurisdiction is decided by the LEX FORI (the court's own law) — the foreign law's irrelevance; (ii) The IMMOVABLES' claims: the situs-court's exclusive competence (the strongest base); (iii) The restrictive immunity sues the COMMERCIAL acts (jure gestionis) — the sovereign acts immune; (iv) The forum non conveniens is the DISCRETIONARY decline — the convenient-alternative shown.