The Law Of State Immunity
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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.
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:
Release Date : 2013
The Law Of State Immunity written by Hazel Fox and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Immunities of foreign states categories.
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 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.
The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.
Immunities In The Age Of Global Constitutionalism
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Author : Anne Peters
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-11-07
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 2014-11-07 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 takes up 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 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.
State Immunity
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Author : Gamal Badr
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-01
State Immunity written by Gamal Badr 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 2013-12-01 with Law categories.
Ours is a world in which the volume of the external trade of the vast majority of nations has greatly expanded and continues to be on the rise. Transnational intercourse of all kinds is now a feature of an interdependent world economy in which no nation can afford to stand aloof from a market-place which has assumed global dimensions. It is also a world where many nations, and not only of the Socialist bloc, conduct some of their transnational business themselves, or else they entrust it to state-owned cor porations and to agencies of the state. In these circumstances it becomes of prime importance to know whether a foreign state or an agency or instrumentality thereof can be sued before the local courts and, if so, whether the final judgement obtained can be enforced against the funds or property of the judgement debtor. The question of the immunity of states from suit and from execution is thus one of direct practical relevance not only to the legal profession but also to governments and the business and banking communities all over the world. The economic effects of a particular legal stand on state immunity are obvious. The position of national courts on state immunity can either attract more business or discourage further dealings with foreign states or their agencies. It can thus affect the balance of payments and, in general, the role the country plays in the world market.
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.