Sovereign Immunity, Limits and Communications Theory

This book deals with the conceptual and historic basis of the concept of sovereign immunity. It stresses the importance of general communications theory in understanding the development of sovereign immunity and the limits generated by modern international law. It provides a sophisticated explanation of the historic trend in the development of sovereignty down to the period of the UN Charter. It explores the limits on the use of doctrine by introducing the notion of individual accountability in international law as well as the concept of universal jurisdiction. It underscores the development of concepts of jus cogens and obligations erga omnes. It explores the evolution of sovereign immunity from absolutist notions of immunity to the evolution of changing expectations in the form of the evolving restrictive theory. It explores practice in both international fora and the case law from a variety of domestic jurisdictions. The book concludes with an analysis of the emerging importance of the jus cogens to limit immunity. The emphasis on communications theory provides us with an insight into the future evolution of the doctrine of sovereign immunity and the restrictions of law.

Winston Nagan is Chairman of the Board of the World Academy of Art & Science. He is an Editor of the Journal, CADMUS and Editor in Chief of the journal, Eruditio, publications of the World Academy. He is a Fellow of the Academy and a Fellow of the Royal Society of the Arts. He is widely published in international law and human rights law.