State Immunity in International Law

State Immunity in International Law PDF

Author: Xiaodong Yang

Publisher: Cambridge University Press

Published: 2012-09-27

Total Pages: 941

ISBN-13: 0521844010

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Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

The Law of State Immunity

The Law of State Immunity PDF

Author: Hazel Fox, QC

Publisher: Oxford University Press

Published: 2013-08-29

Total Pages: 692

ISBN-13: 0199647062

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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.

The State Immunity Controversy in International Law

The State Immunity Controversy in International Law PDF

Author: Ernest K. Bankas

Publisher: Springer Science & Business Media

Published: 2005-12-05

Total Pages: 538

ISBN-13: 3540278834

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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.

The Cambridge Handbook of Immunities and International Law

The Cambridge Handbook of Immunities and International Law PDF

Author: Tom Ruys

Publisher: Cambridge University Press

Published: 2019-04-30

Total Pages:

ISBN-13: 110828499X

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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.

The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law

The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law PDF

Author: Rosanne van Alebeek

Publisher: Oxford University Press on Demand

Published: 2008

Total Pages: 488

ISBN-13: 0199232474

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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.

Sovereign Immunity Or the Rule of Law

Sovereign Immunity Or the Rule of Law PDF

Author: Donald L. Doernberg

Publisher:

Published: 2005

Total Pages: 276

ISBN-13:

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"Sovereign Immunity or the Rule of Law suggests a fresh look at the doctrine of sovereign immunity through the lens of political philosophers whose writings were well known to the people who framed and ratified the United States Constitution. Some of those philosophers espoused theories of sovereignty that logically compelled sovereign immunity. John Locke, the philosopher upon whom the former colonists predominantly relied, espoused a theory of sovereignty that, by contrast, cannot tolerate the idea of sovereign immunity - a government not answerable to its own laws or to the instrument that gave it life. Donald L. Doernberg argues that the United States Constitution exists for no purpose other than to restrain government power, and that to declare the government immune from accountability under it is a profanation of our political and philosophical history."--BOOK JACKET.

Research Handbook on Jurisdiction and Immunities in International Law

Research Handbook on Jurisdiction and Immunities in International Law PDF

Author: Alexander Orakhelashvili

Publisher: Edward Elgar Publishing

Published: 2015-10-30

Total Pages: 560

ISBN-13: 1783472189

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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.