The Law of State Immunity
Series: Oxford International Law Library;
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 11 September 2008
- ISBN 9780199211104
- Binding Hardback
- No. of pages848 pages
- Size 241x163x48 mm
- Weight 1417 g
- Language English 0
Categories
Short description:
This book examines the controversial doctrine of State immunity which bars national courts from adjudicating or enforcing claims against foreign States. This edition examines the UN Convention on Jurisdictional Immunities of States and their Property, explores high-profile cases, and provides comparative coverage of UK and US State practice.
MoreLong description:
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. Still others argue that even when judgements are made in national courts against other states, the doctrine makes enforcement of these decisions impossible.
This fully restructured new edition addresses all of these issues by reference to the United Nations Convention on Jurisdictional Immunities of States and their Property. 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, Hazel Fox explores both the law as it stands, and what it could and should be in years to come.
Table of Contents:
Introduction
Part I: The Structure of State Immunity
State Immunity as a Rule of International Law
Institution of Proceedings and the Nature of the Plea of State Immunity
Part II: General Concepts in State Immunity
The Concept of the State and the Justification for Immunity
Theories Relating to State Immunity and the Concept of Jurisdiction
Jus Cogens
Immunity, Acts of State, and Non-Justiciability
Part III: Sources of the Law of State Immunity
Treaty Practice, Projects for Codification, and Municipal Law as Sources
The Restrictive Doctrine
National Legislation: The US FSIA and UKSIA
Other Immunities
Part IV: The Current International Law
The Rule of Immunity under the UN Convention
Consent of the Foreign State
Definition of the State
Exceptions to State Immunity
Exceptions under the UN Convention
Execution and Procedure
Part V: Conclusions
Conclusions and Future Models
