Abstract: The state immunity represents a fundamental principle of Public International Law and its application created controversies regarding the relationship between it and the respect of fundamental human rights rules. The issue was raised before different courts: the European Court of Human Rights or domestic courts from Canada, Greece, United Kingdom, United States of America, and Italy in complaints against foreign states. The decisions rendered tend to consider the absolute concept of State Immunity except for the Italian Supreme Court which interpreted in a restrictive manner the concept. Even if the principle of immunity would be interpreted restrictively, a new controversy may appear: the dispute will be transferred from the concept of jurisdictional immunity to that of enforcement immunity.

Key-words: state liability, fundamental principles, sovereignty, fundamental rights