European Court of Human Rights - case of McElhinney v. Ireland (2001) (excerpts)

European Court of Human Rights - case of McElhinney v. Ireland (2001) (excerpts)

(...)

35.  The Court must first examine whether the limitation pursued a legitimate aim. It notes in this connection that sovereign immunity is a concept of international law, developed out of the principle par in parem non habet imperium, by virtue of which one State shall not be subject to the jurisdiction of another State. The Court considers that the grant of sovereign immunity to a State in civil proceedings pursues the legitimate aim of complying with international law to promote comity and good relations between States through the respect of another State’s sovereignty.