The United Nations Convention On Jurisdictional Immunities Of States And Their Property

Author : Roger O'Keefe
Publisher : OUP Oxford
ISBN 13 : 0191632201
Total Pages : 508 pages
Book Rating : 4.04/5 ( download)

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Download or read book The United Nations Convention on Jurisdictional Immunities of States and Their Property written by Roger O'Keefe and published by OUP Oxford. This book was released on 2013-03-21 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: State immunity, the idea that a state, including its individual organs, officials and other emanations, may not be proceeded against in the courts of another state in certain instances, has long been and remains a source of international controversy. Although customary international law no longer recognizes the absolute immunity of states from foreign judicial process, the evolution of the contemporary notion of restrictive state immunity over the past fifty years has been an uncoordinated and contested process, leading to disputes between states. The adoption, in 2004, of the United Nations Convention on Jurisdictional Immunities of States and Their Property has significantly contributed to reaching consensus among states on this fundamental question of international law. This book provides article-by-article commentary on the text of the Convention, complemented by a small number of cross-cutting chapters highlighting general issues beyond the scope of any single provision, such as the theoretical underpinnings of state immunity, the distinction between immunity from suit and immunity from execution, the process leading to the adoption of the Convention, and the general understanding that the Convention does not extend to criminal matters. It presents a systematic analysis of the Convention, taking into account its drafting history, relevant state practice (including the considerable number of national statutes and judicial decisions on state immunity), and any international judicial or arbitral decisions on point.

Author : United Nations. Ad Hoc Committee on Jurisdictional Immunities of States and Their Property
Publisher :
ISBN 13 :
Total Pages : 34 pages
Book Rating : 4.65/5 ( download)

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Download or read book Report of the Ad Hoc Committee on Jurisdictional Immunities of States and Their Property written by United Nations. Ad Hoc Committee on Jurisdictional Immunities of States and Their Property and published by . This book was released on 2004 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Xiaodong Yang
Publisher : Cambridge University Press
ISBN 13 : 0521844010
Total Pages : 941 pages
Book Rating : 4.17/5 ( download)

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Download or read book State Immunity in International Law written by Xiaodong Yang and published by Cambridge University Press. This book was released on 2012-09-27 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

Author : Hazel Fox
Publisher : OUP Oxford
ISBN 13 : 0191669768
Total Pages : 3290 pages
Book Rating : 4.67/5 ( download)

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Download or read book The Law of State Immunity written by Hazel Fox and published by OUP Oxford. This book was released on 2013-08-29 with total page 3290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Council of Europe
Publisher : Council of Europe
ISBN 13 : 9789287107305
Total Pages : 80 pages
Book Rating : 4.00/5 ( download)

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Download or read book Explanatory Reports on the European Convention on State Immunity and the Additional Protocol written by Council of Europe and published by Council of Europe. This book was released on 1985-01-01 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventions opened for signatire on 16.5.72

Author : Hazel Fox
Publisher : OUP Oxford
ISBN 13 : 0191669768
Total Pages : 3290 pages
Book Rating : 4.67/5 ( download)

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Download or read book The Law of State Immunity written by Hazel Fox and published by OUP Oxford. This book was released on 2013-08-29 with total page 3290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Edward Chukwuemeke Okeke
Publisher : Oxford University Press
ISBN 13 : 0190611235
Total Pages : 409 pages
Book Rating : 4.31/5 ( download)

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Download or read book Jurisdictional Immunities of States and International Organizations written by Edward Chukwuemeke Okeke and published by Oxford University Press. This book was released on 2018 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of State immunity. The major aim of this book is to clarify the conceptual confusion that has often marred the understanding of the law of the, different but interrelated, jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. The author intends to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.

Author : Mariana Herz
Publisher :
ISBN 13 :
Total Pages : 21 pages
Book Rating : 4.26/5 ( download)

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Download or read book New United Nations Convention on Jurisdictional Immunities of States and Their Property written by Mariana Herz and published by . This book was released on 2007 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article deals with the UN Convention on jurisdictional Immunities of States and their Property, as it will be open to signature until January 17th, 2007.After a brief historical introduction, it comments the convention in a comparative analysis with Argentina legislation as it was interpreted by Supreme Court finding that they have great similarity, not being incompatible at first sight.

Author : Tom Ruys
Publisher : Cambridge University Press
ISBN 13 : 110828499X
Total Pages : pages
Book Rating : 4.98/5 ( download)

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Download or read book The Cambridge Handbook of Immunities and International Law written by Tom Ruys and published by Cambridge University Press. This book was released on 2019-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : United Nations
Publisher :
ISBN 13 :
Total Pages : 682 pages
Book Rating : 4.63/5 ( download)

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Download or read book Documentation Concernant Les Immunités Jurisdictionnelles Des États Et de Leurs Biens written by United Nations and published by . This book was released on 1982 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: