ABSTRACT
This chapter shows that every system of law must have criteria by which one can set about discovering the rule of law on a particular matter at a given time. The leading judgment was delivered by Lord Denning who declared that “the doctrine of sovereign immunity is based on international law. It is one of the rules of international law that a sovereign State should not be impleaded in the courts of another sovereign State against its will. The learned Judge recognized the problems connected with the nature of international law—a system of law supposed to be based on the consent of nations—“the manner in which municipal courts ascertain what it is, how the law of nations is made and how proved”. The learned Judge affirmed that “even the law of England changes quite apart from what may be happening to international law.
