Truncheons and Tenterhooks: Approaches to Civil Suits against Foreign Officials in Key Common Law Jurisdictions
Articles
Civil suits against individual foreign officials, rather than against foreign governments, have featured persistently in the recent state practice of foreign state immunity. This article selects four common-law jurisdictions where foreign state immunity statutes apply to suits against foreign governments, but where actions have been brought against foreign officials rather than—or in addition to—the apparatus of a foreign government. The focus is a comparative analysis of how courts in the selected jurisdictions have treated such cases and whether the respective statutes have been held to apply to suits against such officials or only suits against the state.