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European Convention On State Immunity
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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
Book Synopsis European Convention on State Immunity by :
Download or read book European Convention on State Immunity written by and published by . This book was released on 1972 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Immunities and the Right of Access to Court under Article 6 of the European Convention on Human Rights by : Matthias Kloth
Download or read book Immunities and the Right of Access to Court under Article 6 of the European Convention on Human Rights written by Matthias Kloth and published by BRILL. This book was released on 2010-03-02 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conflict between immunities and the right of access to court under Article 6 of the European Convention on Human Rights remains one of the most interesting problems in the current Strasbourg jurisprudence. The European Court of Human Rights had to rule repeatedly on interferences with the right of access by State immunity or the immunity of international organisations. It is here that human rights law and public international law are directly conflicting with each other. “Domestic immunities“ of Members of Parliament, judges, the police or the social services have likewise conflicted with the Convention. This book is the first comprehensive work which covers all kinds of immunities and which discusses the entire case-law of the European Court of Human Rights on the matter.
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 A COMPARATIVE STUDY OF STATE IMMUNITY FROM JURISDICTION, RECOGNITION AND ENFORCEMENT ACTION by : E. Mat Asu
Download or read book A COMPARATIVE STUDY OF STATE IMMUNITY FROM JURISDICTION, RECOGNITION AND ENFORCEMENT ACTION written by E. Mat Asu and published by Lulu.com. This book was released on 2014-02-25 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the history and development of diplomatic and state immunity, state debt and pre- and post-judgement measures.It defines what a state debt is and what may be excluded. It further makes a distinction between public and private acts of the State, and explains the current jurisprudential developments with respect to the activities that a State may be excepted jurisdiction, prosecution and enforcement action against her.Using cases from the US and the EU, this book analyses the judicial interpretation and decisions of Treaties, Conventions and Statutes developed over the past 2 centuries. The book considers institutionalised and non-institutionalised arbitration and judicial means of dispute resolution, with cases brought before State courts and arbitration under the Bank of International Settlement.Finally, this book is suitable for academicians, professionals, students of the law business and finance, administrators, and anyone who might be curious about sovereign immunity.
Book Synopsis Convention Européenne Sur L'immunité Des États Et Protocole Additionnel by :
Download or read book Convention Européenne Sur L'immunité Des États Et Protocole Additionnel written by and published by . This book was released on 1972 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 European Convention on State Immunity, the State Immunity Act of the United Kingdom and the Foreign Sovereign Immunities Act of the United States by : George Witynski
Download or read book The European Convention on State Immunity, the State Immunity Act of the United Kingdom and the Foreign Sovereign Immunities Act of the United States written by George Witynski and published by . This book was released on 1980 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Convention Européenne Sur L'immunité Des États Et Protocole Additionnel by :
Download or read book Convention Européenne Sur L'immunité Des États Et Protocole Additionnel written by and published by . This book was released on 1972 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Explanatory Report on the European Convention on State and the Additional Protocol by :
Download or read book Explanatory Report on the European Convention on State and the Additional Protocol written by and published by . This book was released on 1972 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 2008 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of state immunity precludes a national court from adjudicating or enforcing claims against foreign states. This text explores the surrounding controversy by reference to the role of the modern state and immunity's relationship to the exercise of civil and criminal jurisdiction.
Book Synopsis European Convention on State Immunity and Additional Protocol by :
Download or read book European Convention on State Immunity and Additional Protocol written by and published by . This book was released on 1972 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis European Convention on State Immunity, Basle, 16 May 1972 .. by : Stationery Office, The
Download or read book European Convention on State Immunity, Basle, 16 May 1972 .. written by Stationery Office, The and published by . This book was released on 1979-01-01 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The United Nations Convention on Jurisdictional Immunities of States and Their Property by : Roger O'Keefe
Download or read book The United Nations Convention on Jurisdictional Immunities of States and Their Property written by Roger O'Keefe and published by Oxford University Press. This book was released on 2013-03-21 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing article-by-article commentary on this crucial convention and a number of cross-cutting analytical chapters, this book will be highly useful for anyone working in general international law and state responsibility. Each article's commentary draws on its drafting history, state practice, and relevant national and international case law.
