The Law of State Immunity
Language: English
Published by Oxford University Press Okt 2013, 2013
- Hardcover
- New
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Neuware - 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.…
Seller Inventory # 9780199647064
- Title
- The Law of State Immunity
- Author
- Hazel Fox Qc
- Publisher
- Oxford University Press Okt 2013
- Publication year
- 2013
- Condition
- Neu
- Binding
- Buch
- Language
- English
- ISBN 10
- 0199647062
- ISBN 13
- 9780199647064
- Edition
- 3rd Edition
- Item weight
- 1,362 grams
- Dimensions
- 254x174x48 mm
- Series
- Book 3 of 10: Oxford International Law Library
Although the restrictive doctrine of immunity is now widely observed by which foreign States may be sued in national courts for their commercial transactions, the immunity rule remains controversial, not only by reason of the recognition of a single State's right to deny a remedy for a wrong - China, a major trading State, continues to adhere to the absolute bar - but also by the exclusion of any reparation or relief for the commission on the orders of a State of grave human rights violations. The complexity and moral challenge of the issues is illustrated by high profile cases such as Pinochet, Amerada Hess, Saudi Arabia v Nelson and more recently NML v Argentina in national courts; Al-Adsani v UK and Jones v UK in the European Court of Human Rights; and Judgments of the International Court of Justice in Arrest Warrant, Djibouti v France and most recently in the Jurisdictional Immunities of the State, which, particularly since the 2014 contrary ruling of the Italian Constitutional Court, has attracted strong juristic criticism. The expanding extraterritorial jurisdiction of national courts with regard to torture in disregard of pleas of act of State and nonjusticiability as in Belhaj and Rahmatullah offers a further challenge to the exclusionary nature and continued observance of State immunity.
Recent developments in key areas are examined, including: impleading; public policy and non-justiciability; universal civil jurisdiction for reparation for international crimes; the application of the employment exception to embassies and diplomats; immunity from enforcement and procedural measures; immunity of State officials, and tensions between national constitutional requirements and superior international norms.
"Synopsis" may belong to another edition of this title.
About the Author
Lady Fox CMG, QC (Hazel), Barrister, formerly Director of the British Institute of International and Comparative Law and General Editor of the International and Comparative Law Quarterly; member of the Institut de droit international.
Dr Philippa Webb, LLM, JSD, Yale, Lecturer at King's College London, former Special Assistant to ICJ President Rosalyn Higgins DBE QC, author of International Judicial Integration and Fragmentation (OUP, 2013).
"About the title" may belong to another edition of this title.
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