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Author : Charles James Lewis
Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.F/5 ( download)
Download or read book State and Diplomatic Immunity written by Charles James Lewis and published by . This book was released on 1990 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Marko Novaković
Publisher : Springer Nature
ISBN 13 : 9811510946
Total Pages : 138 pages
Book Rating : 4.8/5 (115 download)
Download or read book Diplomatic Immunity written by Marko Novaković and published by Springer Nature. This book was released on 2020-03-31 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines diplomatic immunity and provides a historical analysis of the granting of diplomatic immunity to non-diplomats, based on the perspectives of several states. Featuring contributions in which experts from four continents and from academia and practice present their views and perspectives; it is an insightful resource for diplomats, academics and legal professionals, while at the same time it is useful and understandable for students, junior staff and anyone just starting their venture into the diplomatic immunity issues and general international law.
Author : Eileen Denza
Publisher : Oxford University Press
ISBN 13 : 019100913X
Total Pages : 560 pages
Book Rating : 4.1/5 (91 download)
Download or read book Diplomatic Law written by Eileen Denza and published by Oxford University Press. This book was released on 2016-01-14 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.
Author : Grant V. McClanahan
Publisher : C. Hurst & Co. Publishers
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.3/5 (91 download)
Download or read book Diplomatic Immunity written by Grant V. McClanahan and published by C. Hurst & Co. Publishers. This book was released on 1989 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there have been an increasing number of incidents involving diplomats, such as the storming of the US embassy in Tehran and taking of hostages, and the murder of a British policewoman by a member of the Lybian mission in London. Other less serious ones, like the flouting of traffic regulations and the non-prosecution of those stealing, have brought the question of immunity into the public domain. Why, it is asked, should law-abiding citizens put up with lawless behaviour from those who can retreat into the sanctuary of an embassy?
Author : Linda Frey
Publisher :
ISBN 13 :
Total Pages : 752 pages
Book Rating : 4.3/5 (91 download)
Download or read book The History of Diplomatic Immunity written by Linda Frey and published by . This book was released on 1999 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the evolution of diplomatic immunity and analyzes the practice from ancient times to the present in Western and non-Western cultures. Privileges and immunities are placed in historical and cultural context, and the significance of domestic legislation and international conventions is discussed. The authors also study the influence of certain judicial decisions and their underlying rationales. Annotation copyrighted by Book News, Inc., Portland, OR
Author :
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (319 download)
Download or read book Diplomatic and Consular Immunity written by and published by . This book was released on 1998 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Congress. House. Committee on International Relations. Subcommittee on International Operations
Publisher :
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.3/5 (91 download)
Download or read book Diplomatic Privileges and Immunities written by United States. Congress. House. Committee on International Relations. Subcommittee on International Operations and published by . This book was released on 1977 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hazel Fox
Publisher : OUP Oxford
ISBN 13 : 0191669768
Total Pages : 704 pages
Book Rating : 4.1/5 (916 download)
Download or read book The Law of State Immunity written by Hazel Fox and published by OUP Oxford. This book was released on 2013-08-29 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Hazel Fox, QC
Publisher : Oxford University Press
ISBN 13 : 0199647062
Total Pages : 692 pages
Book Rating : 4.1/5 (996 download)
Download or read book The Law of State Immunity written by Hazel Fox, QC and published by Oxford University Press. This book was released on 2013-08-29 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : United States. Congress. Senate. Committee on Foreign Relations
Publisher :
ISBN 13 :
Total Pages : 116 pages
Book Rating : 4.3/5 (91 download)
Download or read book Diplomatic Immunity Legislation written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 1978 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rosanne van Alebeek
Publisher : Oxford University Press on Demand
ISBN 13 : 0199232474
Total Pages : 488 pages
Book Rating : 4.1/5 (992 download)
Download or read book The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law written by Rosanne van Alebeek and published by Oxford University Press on Demand. This book was released on 2008 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is a comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.
Author : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on International Operations
Publisher :
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.:/5 (327 download)
Download or read book The Diplomatic Privileges and Immunities Act written by United States. Congress. House. Committee on Foreign Affairs. Subcommittee on International Operations and published by . This book was released on 1989 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Xiaodong Yang
Publisher : Cambridge University Press
ISBN 13 : 0521844010
Total Pages : 941 pages
Book Rating : 4.5/5 (218 download)
Download or read book State Immunity in International Law written by Xiaodong Yang and published by Cambridge University Press. This book was released on 2012-09-27 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Citizens and Shareholders Rights and Remedies
Publisher :
ISBN 13 :
Total Pages : 170 pages
Book Rating : 4.0/5 ( download)
Download or read book Diplomatic Immunity written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Citizens and Shareholders Rights and Remedies and published by . This book was released on 1978 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Biswanath Sen
Publisher : Springer
ISBN 13 : 9401187924
Total Pages : 545 pages
Book Rating : 4.4/5 (11 download)
Download or read book A Diplomat’s Handbook of International Law and Practice written by Biswanath Sen and published by Springer. This book was released on 2012-12-06 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: It gives me great pleasure to write a foreword to :\1r. Sen's excellent book, and for two reasons in particular. In the first place, in producing it, Mr. Sen has done something vvhich I have long felt needed to be done, and which I at one time had am bitions to do myself. \Vhen, over thirty years ago, and after some years of practice at the Bar, I first entered the legal side of the British Foreign Service, I had not been working for long in the Foreign Office before I conceived the idea of writing - or at any rate compiling - a book to which (in my own mind) I gave the title of "A ~fanual of Foreign Office Law. " This work, had I ever produced it in the form in which I visualised it, could probably not have been published con sistently with the requirements of official discretion. But this did not worry me as I was only contemplating something for private circulation within the Service and in Government circles. :Mr. Sen's aim has been broader and more public-spirited than mine was; but its basis is essentially the same.
Author : Tom Ruys
Publisher : Cambridge University Press
ISBN 13 : 110828499X
Total Pages : pages
Book Rating : 4.1/5 (82 download)
Download or read book The Cambridge Handbook of Immunities and International Law written by Tom Ruys and published by Cambridge University Press. This book was released on 2019-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Jürgen Bröhmer
Publisher : BRILL
ISBN 13 : 9004481680
Total Pages : 263 pages
Book Rating : 4.0/5 (44 download)
Download or read book State Immunity and the Violation of Human Rights written by Jürgen Bröhmer and published by BRILL. This book was released on 2021-09-27 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
