The Commercial Activity Exception To State Immunity
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The Commercial Activity Exception to State Immunity
Author | : Katherine Reece Thomas |
Publsiher | : Edward Elgar Publishing |
Total Pages | : 211 |
Release | : 2024-03-14 |
Genre | : Law |
ISBN | : 9781803923468 |
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In this insightful book, Katherine Reece Thomas explores the constantly evolving nature of state immunity, providing a nuanced analysis of the tension between private and public law. The current rules on the commercial activity exception to state immunity are examined, in both international and domestic law settings, using recent case studies from key jurisdictions including the UK and the US.
State Immunity in International Law
Author | : Xiaodong Yang |
Publsiher | : Cambridge University Press |
Total Pages | : 941 |
Release | : 2012-09-27 |
Genre | : Law |
ISBN | : 9780521844017 |
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Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
The Law of State Immunity
Author | : Hazel Fox, QC,Philippa Webb |
Publsiher | : Oxford University Press |
Total Pages | : 692 |
Release | : 2013-08-29 |
Genre | : Law |
ISBN | : 9780199647064 |
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The doctrine of state immunity bars national courts from adjudicating or enforcing claims against foreign states. This updated edition of this book provides a thorough analysis of the doctrine, explores high-profile cases, the UN Convention on the Jurisdictional Immunities of States, and provides comparative coverage of UK and US State practice.
Foreign State Immunity in Commercial Transactions
Author | : Michael W. Gordon |
Publsiher | : MICHIE |
Total Pages | : 498 |
Release | : 1991 |
Genre | : Government trading |
ISBN | : STANFORD:36105043587208 |
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Immunity of International Organizations
Author | : Anonim |
Publsiher | : BRILL |
Total Pages | : 375 |
Release | : 2015-06-19 |
Genre | : Business & Economics |
ISBN | : 9789004296060 |
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Immunity for international organizations and their staff, while long considered necessary to their functioning, has fallen under scrutiny and criticism in practice. These contributions, originally prepared for a conference held at Leiden University in June 2013, are re-published here in celebration of the 10th anniversary of the International Organizations Law Review.
A COMPARATIVE STUDY OF STATE IMMUNITY FROM JURISDICTION RECOGNITION AND ENFORCEMENT ACTION
Author | : E. Mat Asu |
Publsiher | : Lulu.com |
Total Pages | : 532 |
Release | : 2024 |
Genre | : Electronic Book |
ISBN | : 9781312048621 |
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State Immunity and the Violation of Human Rights
Author | : Jürgen Bröhmer |
Publsiher | : BRILL |
Total Pages | : 263 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9789004481688 |
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The field of international human rights has been one of the most prominent and dynamic areas of public international law in recent decades. At the same time the law of state immunity, albeit less prominent, has also been subjected to a process of dynamic change. The principle of absolute immunity of states from the adjudicatory jurisdiction of foreign states has been replaced by a restrictive concept under which foreign states can be sued under certain circumstances. The violation of fundamental human rights by foreign states is, however, still widely regarded as immunity- protected conduct, be it because such violations must be considered as governmental acts (acta jure imperii) or because the violations were committed outside the territory of the foreign state. Consequently, it is often impossible for the victim of such violations to bring damage proceedings against the foreign state based on municipal (tort) law in a municipal court. The present study attempts to demonstrate that international law does not per se demand that foreign states be granted immunity in such cases. The current state of international immunity law as evidenced by state practice and the work of several international learned bodies is surveyed extensively. It is shown that the granting of immunity may contradict the procedural guarantees of the European Convention of Human Rights. The impact of human rights law on the traditional concept of diplomatic protection is described. The study concludes that a further restriction of the immunity privilege is necessary, and criteria are offered to distinguish between violations of human rights which should remain immunity-protected and violations where the interest of the perpetrating state to remain immune from foreign jurisdiction must yield to the interest of the injured individual to obtain adequate redress.
The Cambridge Handbook of Immunities and International Law
Author | : Tom Ruys,Nicolas Angelet,Luca Ferro |
Publsiher | : Cambridge University Press |
Total Pages | : 135 |
Release | : 2019-04-30 |
Genre | : Law |
ISBN | : 9781108284998 |
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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.