State Immunity From Suit

Cite as: 35 ATENEO L.J. 27 (1991).
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This extensive Article covers the history of the doctrine of state immunity from suit both internationally and within the Philippine jurisdiction. After covering the historical aspect, the Article explores the doctrine, why the state may not be sued without its consent, and the numerous instances of suits against the state which do not require its consent. The Author does not take any particular stand in this Article but reiterates the need to balance the interests of private persons, who seek redress for violations of their various rights, and that of the state, which requires it uphold the public’s best interests. 

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