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ARTICLE · 15 AUGUST 2012

Sovereign state risk

Any decision to exit the Eurozone or to change its currency would be the exercise by that state of a sovereign act.

AustraliaGovernment, Public Sector

1. Can I challenge the actions of a state which unilaterally exits the Eurozone?

It is unlikely that a state's decision unilaterally to exit the Eurozone could be challenged in any domestic courts because, even in those jurisdictions that permit foreign states to be sued before their courts, a decision to exit the Eurozone or to change its currency would be considered to be the exercise by that state of a sovereign act. Even in countries which permit exceptions to state immunity, these are not matters about which a state may generally be sued.

2. What is sovereign immunity?

Sovereign immunity, also known as state immunity, is a legal doctrine by which the courts of one state cannot exercise jurisdiction over another state (including for this purpose its state-owned enterprises), either to adjudicate a dispute involving that state or to enforce a judgment order or award against that state.

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