The United Nations Convention on Jurisdictional Immunities of States and Their Property

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Publisher : OUP Oxford
ISBN 13 : 0191632201
Total Pages : 508 pages
Book Rating : 4.1/5 (916 download)

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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.

Report of the Ad Hoc Committee on Jurisdictional Immunities of States and Their Property

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Publisher :
ISBN 13 :
Total Pages : 34 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Report of the Ad Hoc Committee on Jurisdictional Immunities of States and Their Property by : United Nations. Ad Hoc Committee on Jurisdictional Immunities of States and Their Property

Download or read book Report of the Ad Hoc Committee on Jurisdictional Immunities of States and Their Property written by United Nations. Ad Hoc Committee on Jurisdictional Immunities of States and Their Property and published by . This book was released on 2004 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:

New United Nations Convention on Jurisdictional Immunities of States and Their Property

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Publisher :
ISBN 13 :
Total Pages : 21 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis New United Nations Convention on Jurisdictional Immunities of States and Their Property by : Mariana Herz

Download or read book New United Nations Convention on Jurisdictional Immunities of States and Their Property written by Mariana Herz and published by . This book was released on 2007 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article deals with the UN Convention on jurisdictional Immunities of States and their Property, as it will be open to signature until January 17th, 2007.After a brief historical introduction, it comments the convention in a comparative analysis with Argentina legislation as it was interpreted by Supreme Court finding that they have great similarity, not being incompatible at first sight.

State Immunity in International Law

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Publisher : Cambridge University Press
ISBN 13 : 0521844010
Total Pages : 941 pages
Book Rating : 4.5/5 (218 download)

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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.

Jurisdictional Immunities of States and International Organizations

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Publisher : Oxford University Press
ISBN 13 : 0190611235
Total Pages : 409 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Jurisdictional Immunities of States and International Organizations by : Edward Chukwuemeke Okeke

Download or read book Jurisdictional Immunities of States and International Organizations written by Edward Chukwuemeke Okeke and published by Oxford University Press. This book was released on 2018 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between the jurisdictional immunities of states and international organizations, in an attempt to bring clarity and predictability to the law of international immunities. Embracing a holistic approach, this book charts the history, purpose, scope, competing norms, and exceptions and waivers for the jurisdictional immunities related to states and then international organizations, respectively. Finally, it focuses on the relationship between the two areas analyzing in detail the differences and commonalities between the two.

Advies inzake de United Nations Convention on Jurisdictional Immunities of States and their Property

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Publisher :
ISBN 13 :
Total Pages : 31 pages
Book Rating : 4.:/5 (15 download)

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Book Synopsis Advies inzake de United Nations Convention on Jurisdictional Immunities of States and their Property by : Commissie van Advies Inzake Volkenrechtelijke Vraagstukken (Den Haag).

Download or read book Advies inzake de United Nations Convention on Jurisdictional Immunities of States and their Property written by Commissie van Advies Inzake Volkenrechtelijke Vraagstukken (Den Haag). and published by . This book was released on 2006 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of State Immunity

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Publisher : OUP Oxford
ISBN 13 : 0191669768
Total Pages : 3290 pages
Book Rating : 4.1/5 (916 download)

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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.

The Cambridge Handbook of Immunities and International Law

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Publisher : Cambridge University Press
ISBN 13 : 110828499X
Total Pages : pages
Book Rating : 4.1/5 (82 download)

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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.

International Law in Domestic Courts

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Publisher :
ISBN 13 : 0198739745
Total Pages : 769 pages
Book Rating : 4.1/5 (987 download)

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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.

Explanatory Reports on the European Convention on State Immunity and the Additional Protocol

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Publisher : Strasbourg : Council of Europe
ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.X/5 (3 download)

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Book Synopsis Explanatory Reports on the European Convention on State Immunity and the Additional Protocol by : Council of Europe

Download or read book Explanatory Reports on the European Convention on State Immunity and the Additional Protocol written by Council of Europe and published by Strasbourg : Council of Europe. This book was released on 1972 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

60 Years of the New York Convention

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403501359
Total Pages : 576 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis 60 Years of the New York Convention by : Katia Fach Gomez

Download or read book 60 Years of the New York Convention written by Katia Fach Gomez and published by Kluwer Law International B.V.. This book was released on 2019-03-22 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Worldwide interest in the recognition and enforcement of arbitral awards has never been higher, and the New York Convention of 1958, currently adhered to by 159 States including the major trading nations, remains the most successful treaty in this area of commercial law. This incomparable book, marking the Convention’s 60th anniversary, provides a fully updated analysis of the Convention’s application from international, comparative, and national perspectives. Drawing on a global conference held in Seville in April 2018 that was actively supported by UNCITRAL, the book’s 27 chapters, by highly qualified international practitioners and academics from different jurisdictions, address the subject with critical eyes, well aware of current developments and future challenges in the field of arbitration. Among the issues and topics covered are the following: Multi-tiered dispute resolution clauses. Applicability of the UN Convention on the Use of Electronic Communications in International Contracts. Complexities of enforcing orders determined by software. Enforcement of annulled awards. European Union law and the New York Convention. Enforcing awards against States and State entities. Sovereign immunity as a ground to refuse compliance with investor-State awards; Enforcement against non-signatories. Public policy exception. Arbitrating and enforcing foreign awards in specific countries and regions, including China, sub-Saharan Africa, and the ASEAN countries. Ample reference is made throughout to leading cases and practice. Familiarity with the intricacies of the New York Convention, as the most universally acknowledged framework in which cross-border economic exchanges can flourish, is essential for judges, practitioners, legal staff, business people, and scholars working with or applying international commercial arbitration anywhere in the world. This book’s combination of highly thought-provoking topics and the depth with which they are addressed will prove invaluable to all interested parties

Immunity of International Organizations

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Publisher : BRILL
ISBN 13 : 9004296069
Total Pages : 375 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Immunity of International Organizations by :

Download or read book Immunity of International Organizations written by and published by BRILL. This book was released on 2015-08-31 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immunity rules are part and parcel of the law of international organizations. It has long been accepted that international organizations and their staff need to enjoy immunity from the jurisdiction of national courts. However, it is the application of these rules in practice that increasingly causes controversy. Claims against international organizations are brought before national courts by those who allegedly suffer from their activities. These can be both natural and legal persons such as companies. National courts, in particular lower courts, have often been less willing to recognize the immunity of the organization concerned than the organization’s founding fathers. Likewise, public opinion and legal writings frequently criticize international organizations for invoking their immunity and for the lack of adequate means of redress for claimants. It is against this background that an international conference was organized at Leiden University in June 2013. A number of highly qualified academics and practitioners gave presentations and prepared written contributions that are collected in this book. This book is published to celebrate the 10th anniversary of the International Organizations Law Review, in which these contributions have also been published (Vol. 10, issue 2, 2014).

Diplomatic Law

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Publisher : Oxford University Press
ISBN 13 : 0198703961
Total Pages : 472 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Diplomatic Law by : Eileen Denza

Download or read book Diplomatic Law written by Eileen Denza and published by Oxford University Press. This book was released on 2016 with total page 472 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.

Materials on Jurisdictional Immunities of States and Their Property

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Publisher :
ISBN 13 : 9789210330053
Total Pages : pages
Book Rating : 4.3/5 (3 download)

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Book Synopsis Materials on Jurisdictional Immunities of States and Their Property by : United Nations

Download or read book Materials on Jurisdictional Immunities of States and Their Property written by United Nations and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Conventions on the Privileges and Immunities of the United Nations and Its Specialized Agencies

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Publisher : Oxford University Press
ISBN 13 : 0198744617
Total Pages : 1089 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Conventions on the Privileges and Immunities of the United Nations and Its Specialized Agencies by : August Reinisch

Download or read book The Conventions on the Privileges and Immunities of the United Nations and Its Specialized Agencies written by August Reinisch and published by Oxford University Press. This book was released on 2016 with total page 1089 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies entered into force more than 60 years ago. This Commentary offers for the first time a comprehensive discussion covering both Conventions in their entirety, providing an overview of academic writings and jurisprudence for a legal field of particular practical relevance and gives both the academic researcher as well as the practitioner a unique source to understand the complexity of legal issues that the UN, its Specialized Agencies, their officials, Member States' representatives, and experts face in today's world.

Immunities in the Age of Global Constitutionalism

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004251634
Total Pages : 378 pages
Book Rating : 4.0/5 (42 download)

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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.

The Position of Heads of State and Senior Officials in International Law

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Publisher : Oxford University Press
ISBN 13 : 0199640289
Total Pages : 257 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Position of Heads of State and Senior Officials in International Law by : Joanne Foakes

Download or read book The Position of Heads of State and Senior Officials in International Law written by Joanne Foakes and published by Oxford University Press. This book was released on 2014 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth study of the legal position in international law of heads of state, heads of government and other senior state officials, this book analyses relevant treaties, case law, and custom to set out the law in this area and provide practical guidance.