The Law Of State Immunity (the Oxford International Law Library)
by Hazel Fox Qc /
2013 / English / PDF
6.7 MB Download
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
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 thePinochet
Pinochet case
and the
case
and theArrest Warrant
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.
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.
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.