State Immunity Definition:

A principle of international law which exempts a State from prosecution or suit for the violation of the domestic laws of another state.

Related Terms: Jus Cogens

In Iran v Hashemi, Marie-France Bich of the Quebec Court of Appeal noted these words:

"State immunity is also an important norm of international law. It is enshrined in the State Immunity Act. However, while state immunity may apply to protect a state from prosecution or suit for the violation of the domestic laws of another state, or even for the violation of norms of customary international law...."

In Canada, the "norm of international law" has been codified in the State Immunity Act as follows (extract only of §3 and §4):

"(A) foreign state is immune from the jurisdiction of any court in Canada.

"In any proceedings before a court, the court shall give effect to the immunity conferred on a foreign state ... notwithstanding that the state has failed to take any step in the proceedings.

"A foreign state is not immune from the jurisdiction of a court if the state waives the immunity conferred by ... explicitly submits to the jurisdiction of the court by written agreement or otherwise either before or after the proceedings commence; initiates the proceedings in the court; or intervenes or takes any step in the proceedings before the court."

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