State Sovereign Immunity In The United States
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The State Immunity Controversy In International Law
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Author : Ernest K. Bankas
language : en
Publisher: Springer Science & Business Media
Release Date : 2005-12-05
The State Immunity Controversy In International Law written by Ernest K. Bankas and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-05 with Law categories.
The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.
Sovereign Immunity Under Pressure
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Author : Régis Bismuth
language : en
Publisher: Springer Nature
Release Date : 2022-01-19
Sovereign Immunity Under Pressure written by Régis Bismuth and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-19 with Law categories.
This book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States. Part I, Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes, deals with the diversity of existing regimes of State immunity at the national level. This part aims to explore different approaches of particular states to sovereign immunity and their general attitude to international law, and attempts to understand why some States favour a weaker State immunity regime by multiplying exceptions or interpreting them broadly, while others continuously support a stronger one and sometimes rely on the doctrine of absolute immunity. Part II, International Customary Law of Sovereign Immunity, Human Rights and Counter-Terrorism, highlights how human rights and counter-terrorism have shaped the law and practice of sovereign immunity. This part specifically discusses the role of national legislators and judges in the development of international law, emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights, and possible ways of their reconciliation. Part III, Sovereign Immunity of States and their Financial Obligations, contributes to on-going debates related to the mixed and complex nature of States’ financial obligations. In this part, authors elaborate on perceptions of the underlying public-private law divide, cross influences in public and private international law and their consequences for State immunity, as well as recent trends relating to immunity from execution.
State Sovereign Immunity
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Author : Melvyn R. Durchslag
language : en
Publisher: Praeger
Release Date : 2002-10-30
State Sovereign Immunity written by Melvyn R. Durchslag and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-30 with Law categories.
As part of a new series of Greenwood's comprehensive reference guides to the United States Constitution, Professor Durchslag's edition on the Eleventh Amendment's guarantee of state sovereign immunity is the most thorough and up-to-date treatment of that amendment. The Court's interpretation of the Eleventh Amendment over the past two centuries has been an attempt to balance the sovereign interests of the states against the primacy of federal law, and is currently its primary means of articulating its federalist doctrine. Beginning with an extensive history of the Eleventh Amendment and the ratification debates surrounding it, Durchslag proceeds to a chronological discussion of the development of the first generation of Eleventh Amendment jurisprudence from 1793 - 1890. The book then proceeds topically, tracing the developments of the various doctrinal components of the Amendment, and includes suggestions as to how they may evolve. The work concludes with an erudite bibliographic essay to guide the reader to relevant primary and secondary works, and is fully indexed. For constitutional students, scholars, and legal practitioners, as well as for political scientists and historians studying the constitution or federalism.
The Law Of State Immunity
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Author : Hazel Fox
language : en
Publisher: OUP Oxford
Release Date : 2013-08-29
The Law Of State Immunity written by Hazel Fox and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-29 with Law categories.
The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
State Immunity In International Law
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Author : Xiaodong Yang
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-27
State Immunity In International Law written by Xiaodong Yang and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
State Sovereign Immunity And Protection Of Intellectual Property
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
language : en
Publisher:
Release Date : 2000
State Sovereign Immunity And Protection Of Intellectual Property written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Conflict of laws categories.
Sovereign Immunity And The Protection Of Intellectual Property
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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 2003
Sovereign Immunity And The Protection Of Intellectual Property written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
Sovereign Immunity In The United States And Great Britain With Special Reference To State Owned Corporations And Property
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Author : Laurens J. Brinkhorst
language : en
Publisher:
Release Date : 1961
Sovereign Immunity In The United States And Great Britain With Special Reference To State Owned Corporations And Property written by Laurens J. Brinkhorst and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with categories.
State Sovereign Immunity In The United States
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Author : Source Wikipedia
language : en
Publisher: University-Press.org
Release Date : 2013-09
State Sovereign Immunity In The United States written by Source Wikipedia and has been published by University-Press.org this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09 with categories.
Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 29. Chapters: United States Eleventh Amendment case law, Chisholm v. Georgia, Oneida County v. Oneida Indian Nation of N.Y. State, Parker immunity doctrine, City of Boerne v. Flores, Nevada Department of Human Resources v. Hibbs, Board of Trustees of the University of Alabama v. Garrett, Kimel v. Florida Board of Regents, Seminole Tribe v. Florida, Ex parte Young, Edelman v. Jordan, Northern Insurance Company of New York v. Chatham County, Giles v. Harris, Will v. Michigan Dept. of State Police, Parker v. Brown, Alden v. Maine, Hans v. Louisiana, Tennessee v. Lane, Cherokee Nation v. Georgia, California Retail Liquor Dealers Association v. Midcal Aluminum, Inc., College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, Central Virginia Community College v. Katz, Idaho v. Coeur d'Alene Tribe of Idaho, Fitzpatrick v. Bitzer, Abrogation doctrine, Atascadero State Hospital v. Scanlon, Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, Osborn v. Bank of the United States, Chittister v. Department of Community & Economic Development. Excerpt: Oneida Cnty. v. Oneida Indian Nation of N.Y. State, 470 U.S. 226 (1985), is a landmark decision concerning aboriginal title in the United States. The case was "the first Indian land claim case won on the basis of the Nonintercourse Act." The Supreme Court held that Indian tribes have a common law cause of action for possessory land claims based upon aboriginal title, that the Nonintercourse Act did not preempt that cause of action, and that the cause of action was not barred by a statute of limitations, abatement, implicit federal ratification, or nonjusticiability. Four dissenting justices would have held for the counties on the defense of laches, a question which the majority did not reach, but expressed doubts about. Furthermore, the court held...
Eleventh Amendment Sovereign Immunity
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Author : Landmark Publications
language : en
Publisher:
Release Date : 2019-07-27
Eleventh Amendment Sovereign Immunity written by Landmark Publications and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-27 with categories.
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply the doctrine of Eleventh Amendment sovereign immunity. * * * The Eleventh Amendment to the United States Constitution provides: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S. Const. amend. XI. The Supreme Court in Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890), "extended the Eleventh Amendment's reach to suits by in-state plaintiffs, thereby barring all private suits against non-consenting States in federal court." Lombardo v. Pa., Dep't of Pub. Welfare, 540 F.3d 190, 194 (3d Cir. 2008) (emphasis omitted). Immunity from suit in federal court under the Eleventh Amendment is designed to preserve the delicate and "proper balance between the supremacy of federal law and the separate sovereignty of the States." Alden v. Maine, 527 U.S. 706, 757, 119 S.Ct. 2240, 144 L.Ed.2d 636 (1999). The Eleventh Amendment serves two fundamental imperatives: safeguarding the dignity of the states and ensuring their financial solvency. See Hess v. Port Auth. Trans-Hudson Corp., 513 U.S. 30, 52, 115 S.Ct. 394, 130 L.Ed.2d 245 (1994) (identifying "States' solvency and dignity" as the concerns underpinning the Eleventh Amendment). Karns v. Shanahan, 879 F. 3d 504 (3rd Cir. 2018)