The Commercial Activity Exception To State Immunity
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The Commercial Activity Exception To State Immunity
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Author : Katherine Reece Thomas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-03-14
The Commercial Activity Exception To State Immunity written by Katherine Reece Thomas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-14 with Law categories.
In this insightful book, Katherine Reece Thomas explores the constantly evolving nature of state immunity, providing a nuanced analysis of the tension between private and public law. The current rules on the commercial activity exception to state immunity are examined, in both international and domestic law settings, using recent case studies from key jurisdictions including the UK and the US.
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.
The Law Of State Immunity
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Author : Hazel Fox, QC
language : en
Publisher: Oxford University Press
Release Date : 2013-08-29
The Law Of State Immunity written by Hazel Fox, QC and has been published by Oxford University Press 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 national courts from adjudicating or enforcing claims against foreign states. This updated edition of this book provides a thorough analysis of the doctrine, explores high-profile cases, the UN Convention on the Jurisdictional Immunities of States, and provides comparative coverage of UK and US State practice.
A Comparative Study Of State Immunity From Jurisdiction Recognition And Enforcement Action
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Author : E. Mat Asu
language : en
Publisher: Lulu.com
Release Date : 2014-02-25
A Comparative Study Of State Immunity From Jurisdiction Recognition And Enforcement Action written by E. Mat Asu and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-25 with Law categories.
This book examines the history and development of diplomatic and state immunity, state debt and pre- and post-judgement measures.It defines what a state debt is and what may be excluded. It further makes a distinction between public and private acts of the State, and explains the current jurisprudential developments with respect to the activities that a State may be excepted jurisdiction, prosecution and enforcement action against her.Using cases from the US and the EU, this book analyses the judicial interpretation and decisions of Treaties, Conventions and Statutes developed over the past 2 centuries. The book considers institutionalised and non-institutionalised arbitration and judicial means of dispute resolution, with cases brought before State courts and arbitration under the Bank of International Settlement.Finally, this book is suitable for academicians, professionals, students of the law business and finance, administrators, and anyone who might be curious about sovereign immunity.
State Immunity And The Violation Of Human Rights
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Author : Jürgen Bröhmer
language : en
Publisher: BRILL
Release Date : 2021-09-27
State Immunity And The Violation Of Human Rights written by Jürgen Bröhmer and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
The field of international human rights has been one of the most prominent and dynamic areas of public international law in recent decades. At the same time the law of state immunity, albeit less prominent, has also been subjected to a process of dynamic change. The principle of absolute immunity of states from the adjudicatory jurisdiction of foreign states has been replaced by a restrictive concept under which foreign states can be sued under certain circumstances. The violation of fundamental human rights by foreign states is, however, still widely regarded as immunity- protected conduct, be it because such violations must be considered as governmental acts (acta jure imperii) or because the violations were committed outside the territory of the foreign state. Consequently, it is often impossible for the victim of such violations to bring damage proceedings against the foreign state based on municipal (tort) law in a municipal court. The present study attempts to demonstrate that international law does not per se demand that foreign states be granted immunity in such cases. The current state of international immunity law as evidenced by state practice and the work of several international learned bodies is surveyed extensively. It is shown that the granting of immunity may contradict the procedural guarantees of the European Convention of Human Rights. The impact of human rights law on the traditional concept of diplomatic protection is described. The study concludes that a further restriction of the immunity privilege is necessary, and criteria are offered to distinguish between violations of human rights which should remain immunity-protected and violations where the interest of the perpetrating state to remain immune from foreign jurisdiction must yield to the interest of the injured individual to obtain adequate redress.
The Cambridge Handbook Of Immunities And International Law
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Author : Tom Ruys
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-30
The Cambridge Handbook Of Immunities And International Law written by Tom Ruys 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 2019-04-30 with Law categories.
Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.
Foreign State Immunity In Commercial Transactions
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Author : Michael W. Gordon
language : en
Publisher: MICHIE
Release Date : 1991
Foreign State Immunity In Commercial Transactions written by Michael W. Gordon and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Government trading categories.
Foreign State Immunity
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Author : Australia. Law Reform Commission
language : en
Publisher:
Release Date : 1984
Foreign State Immunity written by Australia. Law Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Law categories.
Immunity Of International Organizations
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Author :
language : en
Publisher: BRILL
Release Date : 2015-06-19
Immunity Of International Organizations written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-19 with Business & Economics categories.
Immunity for international organizations and their staff, while long considered necessary to their functioning, has fallen under scrutiny and criticism in practice. These contributions, originally prepared for a conference held at Leiden University in June 2013, are re-published here in celebration of the 10th anniversary of the International Organizations Law Review.
60 Years Of The New York Convention
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Author : Katia Fach Gomez
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-03-22
60 Years Of The New York Convention written by Katia Fach Gomez and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-22 with Law categories.
Worldwide interest in the recognition and enforcement of arbitral awards has never been higher, and the New York Convention of 1958, currently adhered to by 159 States including the major trading nations, remains the most successful treaty in this area of commercial law. This incomparable book, marking the Convention’s 60th anniversary, provides a fully updated analysis of the Convention’s application from international, comparative, and national perspectives. Drawing on a global conference held in Seville in April 2018 that was actively supported by UNCITRAL, the book’s 27 chapters, by highly qualified international practitioners and academics from different jurisdictions, address the subject with critical eyes, well aware of current developments and future challenges in the field of arbitration. Among the issues and topics covered are the following: Multi-tiered dispute resolution clauses. Applicability of the UN Convention on the Use of Electronic Communications in International Contracts. Complexities of enforcing orders determined by software. Enforcement of annulled awards. European Union law and the New York Convention. Enforcing awards against States and State entities. Sovereign immunity as a ground to refuse compliance with investor-State awards; Enforcement against non-signatories. Public policy exception. Arbitrating and enforcing foreign awards in specific countries and regions, including China, sub-Saharan Africa, and the ASEAN countries. Ample reference is made throughout to leading cases and practice. Familiarity with the intricacies of the New York Convention, as the most universally acknowledged framework in which cross-border economic exchanges can flourish, is essential for judges, practitioners, legal staff, business people, and scholars working with or applying international commercial arbitration anywhere in the world. This book’s combination of highly thought-provoking topics and the depth with which they are addressed will prove invaluable to all interested parties