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State Immunity In International Law
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Book Synopsis State Immunity in International Law by : Xiaodong Yang
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.
Book Synopsis State Immunity in International Law by : Xiaodong Yang
Download or read book State Immunity in International Law written by Xiaodong Yang and published by Cambridge University Press. This book was released on 2015-07-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law of State Immunity by : Hazel Fox
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.
Book Synopsis The State Immunity Controversy in International Law by : Ernest K. Bankas
Download or read book The State Immunity Controversy in International Law written by Ernest K. Bankas and published by Springer Science & Business Media. This book was released on 2005-12-05 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law of State Immunity by : Hazel Fox, QC
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.
Book Synopsis Sovereign Immunity Under Pressure by : Régis Bismuth
Download or read book Sovereign Immunity Under Pressure written by Régis Bismuth and published by Springer Nature. This book was released on 2022-01-19 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis State Immunity in International Law by : Xiaodong Yang
Download or read book State Immunity in International Law written by Xiaodong Yang and published by . This book was released on 2012 with total page 942 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.
Book Synopsis Research Handbook on Jurisdiction and Immunities in International Law by : Alexander Orakhelashvili
Download or read book Research Handbook on Jurisdiction and Immunities in International Law written by Alexander Orakhelashvili and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Cambridge Handbook of Immunities and International Law by : Tom Ruys
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.
Book Synopsis The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law by : Rosanne van Alebeek
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.
Book Synopsis Immunities in the Age of Global Constitutionalism by : Anne Peters
Download or read book Immunities in the Age of Global Constitutionalism written by Anne Peters and published by Martinus Nijhoff Publishers. This book was released on 2014-11-07 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Remedies against Immunity? by : Valentina Volpe
Download or read book Remedies against Immunity? written by Valentina Volpe and published by Springer Nature. This book was released on 2021-04-08 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Book Synopsis The Commercial Activity Exception to State Immunity by : Katherine Reece Thomas
Download or read book The Commercial Activity Exception to State Immunity written by Katherine Reece Thomas and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The United Nations Convention on Jurisdictional Immunities of States and Their Property by : Roger O'Keefe
Download or read book The United Nations Convention on Jurisdictional Immunities of States and Their Property written by Roger O'Keefe and published by Oxford University Press. This book was released on 2013-03-21 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing article-by-article commentary on this crucial convention and a number of cross-cutting analytical chapters, this book will be highly useful for anyone working in general international law and state responsibility. Each article's commentary draws on its drafting history, state practice, and relevant national and international case law.
Book Synopsis Immunity of Heads of State and State Officials for International Crimes by : Ramona Pedretti
Download or read book Immunity of Heads of State and State Officials for International Crimes written by Ramona Pedretti and published by Martinus Nijhoff Publishers. This book was released on 2014-11-26 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ramona Pedretti offers a comprehensive assessment of customary law rules on immunity of Heads of State and other State officials in the context of crimes pursuant to international law and their relationship with core principles of international law.
Book Synopsis The United Nations Convention on Jurisdictional Immunities of States and Their Property by : Roger O'Keefe
Download or read book The United Nations Convention on Jurisdictional Immunities of States and Their Property written by Roger O'Keefe and published by OUP Oxford. This book was released on 2013-03-21 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: State immunity, the idea that a state, including its individual organs, officials and other emanations, may not be proceeded against in the courts of another state in certain instances, has long been and remains a source of international controversy. Although customary international law no longer recognizes the absolute immunity of states from foreign judicial process, the evolution of the contemporary notion of restrictive state immunity over the past fifty years has been an uncoordinated and contested process, leading to disputes between states. The adoption, in 2004, of the United Nations Convention on Jurisdictional Immunities of States and Their Property has significantly contributed to reaching consensus among states on this fundamental question of international law. This book provides article-by-article commentary on the text of the Convention, complemented by a small number of cross-cutting chapters highlighting general issues beyond the scope of any single provision, such as the theoretical underpinnings of state immunity, the distinction between immunity from suit and immunity from execution, the process leading to the adoption of the Convention, and the general understanding that the Convention does not extend to criminal matters. It presents a systematic analysis of the Convention, taking into account its drafting history, relevant state practice (including the considerable number of national statutes and judicial decisions on state immunity), and any international judicial or arbitral decisions on point.
Book Synopsis State Practice Regarding State Immunities/La Pratique des Etats concernant les Immunités des Etats by : Council of Europe/Conseil de l'Europe
Download or read book State Practice Regarding State Immunities/La Pratique des Etats concernant les Immunités des Etats written by Council of Europe/Conseil de l'Europe and published by BRILL. This book was released on 2006-06-01 with total page 1067 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of the Council of Europe Pilot Project on State Practice Regarding State Immunities carried out under the auspices of the Committee of Legal Advisers on Public International Law (CAHDI) since 2002. It presents and analyses the material submitted by 27 Member States and one Observer State of the Council of Europe, including decisions of national courts, relevant legislation and other documents. The analytical report was undertaken by the Department of European, International and Comparative Law of the University of Vienna, the British Institute of International and Comparative Law and the Graduate Institute of International Studies, Geneva. It compares State practice with the relevant articles of the UN Convention, the European Convention on State Immunity and the draft articles prepared by academic institutions. It is the first in depth-analysis of European State practice in the field of State immunity. Such a broad analysis is essential, in particular for the ascertainment of customary international law. This book is addressed to officials, practitioners engaged in business relations with foreign States, and academics. Ce livre est le résultat du Projet Pilote du Conseil de l’Europe sur la Pratique des Etats concernant les immunités des Etats réalisé sous les auspices du Comité des Conseillers Juridiques sur le Droit International Public (CAHDI) depuis 2002. Il présente et analyse la documentation fournie par 28 Etats membres et un Etat observateur du Conseil de l’Europe, y compris des décisions des juridictions nationales, la législation pertinente et d’autres documents. Le rapport analytique a été élaboré par le Département de droit européen, international et comparé de l’Université de Vienne, l’Institut britannique de Droit International et Comparé et l’Institut des Hautes Etudes Internationales, Genève. Il compare la pratique des Etats avec les articles pertinents de la Convention des Nations Unies, de la Convention européenne sur l’immunité des Etats et les projets d’articles préparés par les institutions académiques. C’est la première analyse approfondie de la pratique des Etats européens en matière d’immunité des Etats. Une analyse aussi large est indispensable notamment en vue de l’identification du droit international coutumier. Ce livre s’adresse aux fonctionnaires, aux praticiens entretenant des relations d’affaires avec des Etats étrangers, et aux universitaires.
