The doctrine and types of jurisdictional immunity of state and its property

Володягийн Оюумаа

Эрдэм шинжилгээний өгүүлэл

Олон Улсын хувийн эрх зүй

Since 1992, Mongolia started to establish a regime respecting democracy, human rights and freedoms, recognizing all forms of private and public property, competitive market economy relations, which substantially changed previous centralized planned economy, class based society structure, political and ideological regime with domination of one party rule . As transfer from one regime to another regime continued, this transfer was divided into beginning, middle and transitional periods, during which state made reformation, renovation in all spheres of its life. The Constitution of Mongolia states that State shall recognize all forms of public and private property and protect property rights by law . Land, its soil, forest, water, animals, plants and other natural resources shall be under power of peoples and state protection in Mongolia. All lands, except lands owned by citizens of Mongolia, its soil, natural resources, forest and water resources, animals shall be state property .
In accordance with international private law doctrine, state can participate in international private law relations as sovereign subject representing public interest (jure imperii) and economic subject representing private interests (jure gestionis). First relation is established between international law subjects as states, nations and international organizations, thus regulated by international public law norms (jus publicum). The second one can be relations between state from one side and economic entity from the other side or relations between foreign legal persons and private individuals (jus privatum) which is regulated by private international law.

Absolute theory of jurisdictional immunity of state and its property, Restrictive theory of jurisdictional immunity of state and its property

2013-10-04

12

Англи

Бүрэн эхээр нь үзэх

2021-03-31

2935

77

41

В.Оюумаа “The doctrine and types of jurisdictional immunity of state and its property” (2013), ... дахь/дэх тал. Legaldata-аас унших боломжтой: https://legaldata.mn/b/902

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