The doctrine of state immunity bars national courts from adjudicating or enforcing claims against foreign states. This revised and updated edition 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.
The doctrine of state immunity bars national courts from adjudicating or enforcing claims against foreign states. This revised and updated edition 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.
Lady Fox CMG, QC (Hazel), Barrister, formerly Director of the British Institute of International and Comparative Law and General Editor of the International and Comparative Law Quarterly; member of the Institut de droit international. Dr Philippa Webb, LLM, JSD, Yale, Lecturer at King's College London, former Special Assistant to ICJ President Rosalyn Higgins DBE QC, author of International Judicial Integration and Fragmentation (OUP, 2013).
Inhaltsangabe
* Introduction * Part I: General Concepts * 1: The Institution of Proceedings and the Nature of the Plea of State Immunity * 2: The Three Models of the Concept of State Immunity * 3: The Plea of State Immunity Distinguished from Act of State and Non-justiciability * 4: State Immunity and Jurisdiction: Immunity from the Civil and Criminal Jurisdiction of National Courts * Part II: The Sources of the Law of State Immunity * 5: A Review of the Sources: Treaties and Projects for Codification * 6: The Restrictive Doctrine of State Immunity: Its Recognition in State Practice * 7: English Law: The UK State Immunity Act 1978 * 8: US Law: The Foreign Sovereign Immunities Act 1976 * 9: The 2004 UN Convention on Jurisdictional Immunities of States and their Property: General Aspects * Part III: The Current International Law of State Immunity * 10: The Definition of the Foreign State * 11: The Consent of the Foreign State: Waiver and the Arbitration Exception * 12: The Concept of Commerciality * 13: Immunity from Adjudication: The Proceedings in which Immunity Cannot be Invoked, the Commerical and Other Exceptions * 14: Immunity from Adjudication: The Employment Exception in Respect of (1) A Foreign State and (2) An International Organization * 15: Immunity from Adjudication: The Territorial Tort Exception * 16: State Immunity from Enforcement: General Aspects * 17: The Three Exceptions to Immunity from Enforcement and the Five Categories of State Property Listed as Immune * Part IV: Other Immunities * 18: Immunity of Individuals Acting on Behalf of the States * 19: International Organizations and Special Regimes * Part V: Conclusions * 20: Taking Stock * Appendix: The United Nations Convention on Jurisdictional Immunities of States and Their Property
* Introduction * Part I: General Concepts * 1: The Institution of Proceedings and the Nature of the Plea of State Immunity * 2: The Three Models of the Concept of State Immunity * 3: The Plea of State Immunity Distinguished from Act of State and Non-justiciability * 4: State Immunity and Jurisdiction: Immunity from the Civil and Criminal Jurisdiction of National Courts * Part II: The Sources of the Law of State Immunity * 5: A Review of the Sources: Treaties and Projects for Codification * 6: The Restrictive Doctrine of State Immunity: Its Recognition in State Practice * 7: English Law: The UK State Immunity Act 1978 * 8: US Law: The Foreign Sovereign Immunities Act 1976 * 9: The 2004 UN Convention on Jurisdictional Immunities of States and their Property: General Aspects * Part III: The Current International Law of State Immunity * 10: The Definition of the Foreign State * 11: The Consent of the Foreign State: Waiver and the Arbitration Exception * 12: The Concept of Commerciality * 13: Immunity from Adjudication: The Proceedings in which Immunity Cannot be Invoked, the Commerical and Other Exceptions * 14: Immunity from Adjudication: The Employment Exception in Respect of (1) A Foreign State and (2) An International Organization * 15: Immunity from Adjudication: The Territorial Tort Exception * 16: State Immunity from Enforcement: General Aspects * 17: The Three Exceptions to Immunity from Enforcement and the Five Categories of State Property Listed as Immune * Part IV: Other Immunities * 18: Immunity of Individuals Acting on Behalf of the States * 19: International Organizations and Special Regimes * Part V: Conclusions * 20: Taking Stock * Appendix: The United Nations Convention on Jurisdictional Immunities of States and Their Property
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