The International Law Of Sovereign Immunity

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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.

The International Law Of Sovereign Immunity

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Author : Joseph M. Sweeney
language : en
Publisher:
Release Date : 1964

The International Law Of Sovereign Immunity written by Joseph M. Sweeney and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1964 with Immunities of foreign states categories.

The International Law Of Sovereign Immunity

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Author : Joseph M. Sweeney
language : en
Publisher:
Release Date : 1964

The International Law Of Sovereign Immunity written by Joseph M. Sweeney and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1964 with Immunities of foreign states categories.

State Immunity In International Law

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Author : Xiaodong Yang
language : en
Publisher:
Release Date : 2012

State Immunity In International Law written by Xiaodong Yang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Government liability (International law) categories.

Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

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
language : en
Publisher: Oxford University Press, USA
Release Date : 2013-08-29

The Law Of State Immunity written by Hazel Fox and has been published by Oxford University Press, USA 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.

Research Handbook On Jurisdiction And Immunities In International Law

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Author : Alexander Orakhelashvili
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-10-30

Research Handbook On Jurisdiction And Immunities In International Law written by Alexander Orakhelashvili 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 2015-10-30 with Law categories.

This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state’s citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.

Immunities In The Age Of Global Constitutionalism

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Author : Anne Peters
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2015-01-27

Immunities In The Age Of Global Constitutionalism written by Anne Peters and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-27 with Law categories.

The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’. Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.

State Immunities And Trading Activities In International Law

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Author : Sompong Sucharitkul
language : en
Publisher:
Release Date : 1960

State Immunities And Trading Activities In International Law written by Sompong Sucharitkul and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1960 with Government trading categories.