par in parem non habet imperium

Latin · par in PAIR-em non HAH-bet im-PEER-ee-um · International law

Meaning. An equal has no authority over an equal; one sovereign State cannot be sued in another State's courts.

The maxim is the foundation of State (sovereign) immunity in international law. Because States are sovereign equals, the courts of one State will not ordinarily sit in judgment over the acts of another State.

Modern law follows restrictive immunity: immunity covers sovereign acts (acta jure imperii) but not commercial acts (acta jure gestionis). In India the question is mainly handled by section 86 CPC, under which a foreign State can be sued only with the consent of the Central Government, certified in writing. The maxim should not be confused with the domestic doctrine of sovereign immunity of the Indian State in tort.

Example

Relying on par in parem non habet imperium, the embassy objected that the civil suit could not proceed without Central Government consent under section 86 CPC.

In Indian law

s.86, Code of Civil Procedure, 1908 (suits against foreign rulers and States)

par in parem non habet imperium

Example

In Indian law

See also

Read more in the study notes