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The State Immunity Controversy In International Law
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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 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 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. This book was released on 2010-10-14 with total page 542 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 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 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 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 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 2012-09-27 with total page 941 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 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 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 508 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.
Download or read book State Immunity written by Gamal Badr and published by Springer Science & Business Media. This book was released on 2013-12-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 State Immunity and the Violation of Human Rights by : Jürgen Bröhmer
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.
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.
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 International Judicial Integration and Fragmentation by : Philippa Webb
Download or read book International Judicial Integration and Fragmentation written by Philippa Webb and published by Oxford University Press. This book was released on 2013-05-09 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analyzing judicial practice in three areas:genocide, immunities, and the use of force.
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 . This book was released on 2013 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt:
