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.

The Law of State Immunity

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191669768
Total Pages : 704 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 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.

The Law of State Immunity

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191669768
Total Pages : 704 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 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.

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

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Author :
Publisher : Council of Europe
ISBN 13 : 9789287107305
Total Pages : 80 pages
Book Rating : 4.1/5 (73 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 Council of Europe. This book was released on 1985-01-01 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventions opened for signatire on 16.5.72

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.

Documentation Concernant Les Immunités Jurisdictionnelles Des États Et de Leurs Biens

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Publisher :
ISBN 13 :
Total Pages : 682 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Documentation Concernant Les Immunités Jurisdictionnelles Des États Et de Leurs Biens by : United Nations

Download or read book Documentation Concernant Les Immunités Jurisdictionnelles Des États Et de Leurs Biens written by United Nations and published by . This book was released on 1982 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt:

State Immunity in International Law

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Author :
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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Author :
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 covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of State immunity. The major aim of this book is to clarify the conceptual confusion that has often marred the understanding of the law of the, different but interrelated, jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. The author intends to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.

State Immunity in Dutch Civil Proceedings

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Publisher :
ISBN 13 : 9789013141740
Total Pages : 331 pages
Book Rating : 4.1/5 (417 download)

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Book Synopsis State Immunity in Dutch Civil Proceedings by : Enno Ruppert

Download or read book State Immunity in Dutch Civil Proceedings written by Enno Ruppert and published by . This book was released on 2017 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Viewed from the Dutch perspective, this book examines the historical evolution of current Dutch views on State immunity. It examines in depth the relevant provisions of the United Nations Convention. The centrepiece of 'State Immunity in Dutch Civil Proceedings' is a critical analysis of the conformity of these provisions with those of the relevant current Dutch law of civil procedure and the current Dutch views on State immunity. The analysis does not shy away from the potential for conflict and evaluates the possible added value the convention may have for Dutch legal practice. The law of State immunity is set in a 'world in-between' - in more ways than one. It is a part of public international law; its application, however, is subject to national law of civil procedure. Historically, it has almost exclusively been part of customary law and therefore notoriously difficult to grasp. Now, with the adoption of the United Nations Convention on Jurisdictional Immunities of States and Their Property, there is a realistic chance of establishing a binding and uniform set of rules internationally. Though not yet in force, the United Nations Convention has already been embraced by courts as a welcome representation of the current state of customary law.--

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

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.

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 2015-06-19 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immunity for international organizations and their staff, while long considered necessary to their functioning, has fallen under scrutiny and criticism in practice. These contributions, originally prepared for a conference held at Leiden University in June 2013, are re-published here in celebration of the 10th anniversary of the International Organizations Law Review.

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:

Research Handbook on Jurisdiction and Immunities in International Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783472189
Total Pages : 560 pages
Book Rating : 4.7/5 (834 download)

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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.

Immunities in the Age of Global Constitutionalism

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Author :
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 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.

Jurisdictional Immunities of States and International Organizations

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190611243
Total Pages : 296 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 2018-05-03 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of State immunity. The major aim of this book is to clarify the conceptual confusion that has often marred the understanding of the law of the, different but interrelated, jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. The author intends to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.

Convention européenne pour le règlement pacifique des différends (STE 23)

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Author :
Publisher : Council of Europe
ISBN 13 : 9789287100788
Total Pages : 24 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Convention européenne pour le règlement pacifique des différends (STE 23) by : Council of Europe

Download or read book Convention européenne pour le règlement pacifique des différends (STE 23) written by Council of Europe and published by Council of Europe. This book was released on 1981-01-01 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: