飛鳥 發問時間: 社會與文化語言 · 1 0 年前

waiver of sovereign immunity

May I bother someone well learned explaining the specific meaning of the terminology "waiver of sovereign immunity"?

Based on my reading materials, the word has something to do with federal intellectual property statutes in the U.S.

Thanks!

The question is worth 10 points.

3 個解答

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  • 1 0 年前
    最佳解答

    Well, the term Sovereign Immunity refers to the doctrine that the sovereign, or government, cannot do wrong(國家豁免權). For example the government can not be held responsible for the consequences of a certain action. As the old English law states, "the king (or queen) can do no wrong". The waive of that means that the government are hence responsible for their actions and can be brought lawsuits and trials against.

    As for your reading materials, forgive my Ignorance, I do not know what you're talking about. Nevertheless, I can think of a similar example, also within the U.S.. During WWII, the United States' response to the developing of nuclear weapons under Adolf Hitler was to build some for themselves, under Roosevelt and what is known as the Manhattan Project(曼哈頓計劃). The project required testing for the created nuclear bombs. Towards the end of the war, people began to realize that many people residing near the testing sites were killed or disabled by the vast radiation. Nonetheless, the U.S. was not responsible for that as they were in war and they had the sovereign immunity. As time passes the U.S. government released their nuclear technology, which is one of the federal intellectual properties, to the public, and thus waived their sovereign immunity, which means that people who had their closed ones killed during the nuclear testing may now SUE the government. Nevertheless, the action of waiving the sovereign immunity is not confined to that of federal intellectual properties. It can refer to any release of government protection of anything.

    That is the best I can do and I apologize for typing in English because I don't have a Chinese keyboard (some Chinese words were cut-and-pasted)

    參考資料: Me
  • 1 0 年前

    Paraphrasing from Wikipedia (http://en.wikipedia.org/wiki/Sovereign_immunity), sovereign immunity is the doctrine that the sovereign or government cannot commit a legal wrong and is immune from civil suit or criminal prosecution. Waiver of sovereign immunity is to waive such immunity to allow for suits.

    Also see http://www.lectlaw.com/def2/s103.htm.

    參考資料: google
  • 1 0 年前

    我懶得有人好據悉,在解釋具體含義的術語"放棄主權豁免" ?

    根據我的閱讀材料,字有某種聯繫,與瑞士聯邦知識產權局的章程,在美國

    謝謝!

    但問題是,價值10分。

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