University of Tehran Public Law Studies Quarterly 2423-8120 52 1 2022 03 21 State Immunity in Transnational Torts:The Case Law of the European Court of Human Rights and the Inconsistent Practice of Several European States State Immunity in Transnational Torts:The Case Law of the European Court of Human Rights and the Inconsistent Practice of Several European States 49 68 83333 10.22059/jplsq.2018.253412.1690 FA Seyede Neda Mirfalah Nasiri Phd Candidate of International Law, Payam Noor University(PNU), Department of Theology and Islamic Sciences, Tehran, Iran Seyed Ghasem Zamani Prof, Allameh Tabatabai University, Faculty of Law and Political Science, Tehran, Iran Hatam Sadeghi Ziyazi Assistant Prof, Payam Noor University, Tehran, Iran Ali Tavakoli Tabasi Assistant Prof, Payam Noor University, Tehran, Iran Journal Article 2018 02 25 Under the general rule of state immunity, each state is obliged to avoid exercising jurisdiction over the actions and property of other states. In the scholarly works and case law, state immunity is often seen as a manifestation of the principle of equality of states. Today, however, this principle is violated by lawsuits and enforcement of judicial decisions against foreign governments in domestic courts of some states, on one hand, and implementation of laws restricting  state immunity in the context of transnational torts in some countries such as the United States and Canada,  On the other. The European Court of Human Right (ECHR) explicitly affirmed the principle of state immunity as a general rule of international law although the principle has been challenged in the courts of some European countries such as Greece and Italy. This paper aims to  analyze the effects of the case law of the ECHR as well as the domestic courts of European states, on the state immunity rule in the context of transnational torts. Under the general rule of state immunity, each state is obliged to avoid exercising jurisdiction over the actions and property of other states. In the scholarly works and case law, state immunity is often seen as a manifestation of the principle of equality of states. Today, however, this principle is violated by lawsuits and enforcement of judicial decisions against foreign governments in domestic courts of some states, on one hand, and implementation of laws restricting  state immunity in the context of transnational torts in some countries such as the United States and Canada,  On the other. The European Court of Human Right (ECHR) explicitly affirmed the principle of state immunity as a general rule of international law although the principle has been challenged in the courts of some European countries such as Greece and Italy. This paper aims to  analyze the effects of the case law of the ECHR as well as the domestic courts of European states, on the state immunity rule in the context of transnational torts. https://jplsq.ut.ac.ir/article_83333_b4a43c33fb782ccfa66d98245a667500.pdf