Subjektai, turintys teisę naudotis valstybės imunitetu nuo kitos valstybės teismo jurisdikcijos.
The article analyzes one aspect of the restricted statė immunity doctrine’s application - how to establish the claimant’s status as a State for a plea of State immunity. The criteria applicable by national courts thereto are discussedpayingattention to the situation when theforum statė hasn’t recognized the claimant as a State. The author discusses the evidence national courts have used while solving the problem of establishing the claimant’ status, suggesting how Lithuanian courts could and should act in the šame situation. The State usually takes participation in legal relations not directly but through its various organs and departments. The article analyzes two categories of entities that may enjoy State immunity - namely constituent units of federal statės and political subdivisions of the State. In order to define the scope of these categories national case law, legislation and International treaties are examined. The article considers the relation betvveen these two categories, provides proposals eonceming the amendment ofthe respective provisions UN Convention on jurisdictional immunities of States and their property. [...]
- Straipsniai / Articles