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State Immunity In Russian Perspective
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Book Synopsis State Immunity in Russian Perspective by : Ekaterina Bykhovskaya
Download or read book State Immunity in Russian Perspective written by Ekaterina Bykhovskaya and published by Wildy, Simmonds & Hill Publishing. This book was released on 2008 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers proceedings instituted against Russia in foreign courts, the development of Russian doctrinal views, provisions of international treaties, relevant legislation, judicial practice and the Russian draft law on State immunity.
Book Synopsis State Immunity by : Ekaterina Bykhovskaya
Download or read book State Immunity written by Ekaterina Bykhovskaya and published by . This book was released on 2005 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 International Maritime Law from the Russian Perspective by : Vasiliy Gutsulyak
Download or read book International Maritime Law from the Russian Perspective written by Vasiliy Gutsulyak and published by Universal-Publishers. This book was released on 2018-07 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is one of the most comprehensive guides to international maritime law from the Russian perspective. It consists of three relatively independent sections: Russian Maritime Law, International Public Maritime Law, and International Private Maritime Law. First section discusses the development of the maritime law as a branch of the Russian law. It examines concepts and sources of the Russian federal laws, secondary legislation and customs, including the influences guiding the future of Russian law of the sea. . The second section examines International Public Maritime Law including the principles, sources, subjects, as well legal status of the vessel, including the vessel's state flag, her name, state registration, the problem of "flags of convenience", vessel's documents, the crew, and the master. This section further details the current international legal regime of maritime spaces, provisions concerning legal protection of marine environments, ensuring navigation safety, international legal regulation of the work of seamen, international inter-governmental marine organizations, and settlement of international public marine disputes. The third section is devoted to International Private Maritime Law and discusses its principles and sources, conflict-of-law rules, structure and types, and the main choice-of-law principles used today in international private maritime law. This section also discusses the following institutions and sub-branches within international private maritime law including: carriage of cargoes and passengers by sea, general average, salvage, collisions of vessels, marine insurance, limitation of liability, international non-governmental maritime organizations, and settlement of international private marine disputes.
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 Oxford University Press, USA. 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 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 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 Russian Approaches to International Law by : Lauri Mälksoo
Download or read book Russian Approaches to International Law written by Lauri Mälksoo and published by Academic. This book was released on 2015 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a detailed analysis of how Russia's understanding of international law has developed Draws on historical, theoretical, and practical perspectives to offer the reader the 'big picture' of Russia's engagement with international law Extensively uses sources and resources in the Russian language, including many which are not easily available to scholars outside of Russia
Book Synopsis International Law in Domestic Courts by : André Nollkaemper
Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
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 3290 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 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 2015-01-27 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 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.
Book Synopsis War with Russia? by : Stephen F. Cohen
Download or read book War with Russia? written by Stephen F. Cohen and published by Simon and Schuster. This book was released on 2018-11-27 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is America in a new Cold War with Russia? How does a new Cold War affect the safety and security of the United States? Does Vladimir Putin really want to destabilize the West? What should Donald Trump and America’s allies do? America is in a new Cold War with Russia even more dangerous than the one the world barely survived in the twentieth century. The Soviet Union is gone, but the two nuclear superpowers are again locked in political and military confrontations, now from Ukraine to Syria. All of this is exacerbated by Washington’s war-like demonizing of the Kremlin leadership and by Russiagate’s unprecedented allegations. US mainstream media accounts are highly selective and seriously misleading. American “disinformation,” not only Russian, is a growing peril. In War With Russia?, Stephen F. Cohen—the widely acclaimed historian of Soviet and post-Soviet Russia—gives readers a very different, dissenting narrative of this more dangerous new Cold War from its origins in the 1990s, the actual role of Vladimir Putin, and the 2014 Ukrainian crisis to Donald Trump’s election and today’s unprecedented Russiagate allegations. Topics include: Distorting Russia US Follies and Media Malpractices 2016 The Obama Administration Escalates Military Confrontation With Russia Was Putin’s Syria Withdrawal Really A “Surprise”? Trump vs. Triumphalism Has Washington Gone Rogue? Blaming Brexit on Putin and Voters Washington Warmongers, Moscow Prepares Trump Could End the New Cold War The Real Enemies of US Security Kremlin-Baiting President Trump Neo-McCarthyism Is Now Politically Correct Terrorism and Russiagate Cold-War News Not “Fit to Print” Has NATO Expansion Made Anyone Safer? Why Russians Think America Is Attacking Them How Washington Provoked—and Perhaps Lost—a New Nuclear-Arms Race Russia Endorses Putin, The US and UK Condemn Him (Again) Russophobia Sanction Mania Cohen’s views have made him, it is said, “America’s most controversial Russia expert.” Some say this to denounce him, others to laud him as a bold, highly informed critic of US policies and the dangers they have helped to create. War With Russia? gives readers a chance to decide for themselves who is right: are we living, as Cohen argues, in a time of unprecedented perils at home and abroad?
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 2005-06-30 with total page 564 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 Russia's Response to Sanctions by : Richard Connolly
Download or read book Russia's Response to Sanctions written by Richard Connolly and published by Cambridge University Press. This book was released on 2018-07-05 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first in-depth scholarly analysis of the effects of Western sanctions, and Russia's response on the Russian economy.
Book Synopsis The New Nobility by : Andrei Soldatov
Download or read book The New Nobility written by Andrei Soldatov and published by PublicAffairs. This book was released on 2010-09-14 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The New Nobility, two courageous Russian investigative journalists open up the closed and murky world of the Russian Federal Security Service. While Vladimir Putin has been president and prime minister of Russia, the Kremlin has deployed the security services to intimidate the political opposition, reassert the power of the state, and carry out assassinations overseas. At the same time, its agents and spies were put beyond public accountability and blessed with the prestige, benefits, and legitimacy lost since the Soviet collapse. The security services have played a central -- and often mysterious -- role at key turning points in Russia during these tumultuous years: from the Moscow apartment house bombings and theater siege, to the war in Chechnya and the Beslan massacre. The security services are not all-powerful; they have made clumsy and sometimes catastrophic blunders. But what is clear is that after the chaotic 1990s, when they were sidelined, they have made a remarkable return to power, abetted by their most famous alumnus, Putin.
Book Synopsis Diplomatic Immunity by : Marko Novaković
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.
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.
