State Immunity in International Law
Title | State Immunity in International Law PDF eBook |
Author | Xiaodong Yang |
Publisher | Cambridge University Press |
Pages | 941 |
Release | 2012-09-27 |
Genre | Law |
ISBN | 0521844010 |
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
The Law of State Immunity
Title | The Law of State Immunity PDF eBook |
Author | Hazel Fox |
Publisher | OUP Oxford |
Pages | 3290 |
Release | 2013-08-29 |
Genre | Law |
ISBN | 0191669768 |
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.
The State Immunity Controversy in International Law
Title | The State Immunity Controversy in International Law PDF eBook |
Author | Ernest K. Bankas |
Publisher | Springer Science & Business Media |
Pages | 564 |
Release | 2005-06-30 |
Genre | Law |
ISBN | 9783540256953 |
The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.
Sovereign Immunity Or the Rule of Law
Title | Sovereign Immunity Or the Rule of Law PDF eBook |
Author | Donald L. Doernberg |
Publisher | |
Pages | 276 |
Release | 2005 |
Genre | Law |
ISBN |
"Sovereign Immunity or the Rule of Law suggests a fresh look at the doctrine of sovereign immunity through the lens of political philosophers whose writings were well known to the people who framed and ratified the United States Constitution. Some of those philosophers espoused theories of sovereignty that logically compelled sovereign immunity. John Locke, the philosopher upon whom the former colonists predominantly relied, espoused a theory of sovereignty that, by contrast, cannot tolerate the idea of sovereign immunity - a government not answerable to its own laws or to the instrument that gave it life. Donald L. Doernberg argues that the United States Constitution exists for no purpose other than to restrain government power, and that to declare the government immune from accountability under it is a profanation of our political and philosophical history."--BOOK JACKET.
The Foreign Sovereign Immunities Act Deskbook
Title | The Foreign Sovereign Immunities Act Deskbook PDF eBook |
Author | Ernesto J. Sanchez |
Publisher | American Bar Association |
Pages | 0 |
Release | 2013 |
Genre | Law |
ISBN | 9781627220408 |
With the rise of globalization, the contracts between private parties and foreign governments have inevitably increased cross-border legal disputes, making the FSIA a significant component of U.S. international dispute resolution practice. Foreign sovereign immunity issues are important to today's topical issues including the world-wide oil and natural gas industry, and the financial services industry.
Sovereign Immunity Law
Title | Sovereign Immunity Law PDF eBook |
Author | Marilyn E. Phelan |
Publisher | |
Pages | 256 |
Release | 2019 |
Genre | Government liability |
ISBN | 9781600424762 |
This book represents a comprehensive coverage of the doctrine of sovereign immunity; one chapter provides a summary of the sovereign immunity laws in all US states. The book provides the reader with a knowledge and understanding of the sovereign immunity doctrine but also provides the reader with an awareness and understanding of the important legal problems and road blocks that confront attorneys who represent victims of improvident government actions. One chapter discusses the immunity of foreign States regarding claims filed against foreign governments in United States courts and when and how a claim can be brought successfully against a foreign State in a court in the United States for violations, among others, of international law. The book is an invaluable reference work for attorneys who may represent victims of governmental misconduct; attorneys should read this book in advance to filing a lawsuit against the government in any context.
The State Immunity Controversy in International Law
Title | The State Immunity Controversy in International Law PDF eBook |
Author | Ernest K. Bankas |
Publisher | Springer Science & Business Media |
Pages | 538 |
Release | 2005-12-05 |
Genre | Law |
ISBN | 3540278834 |
The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.