The Cambridge Handbook of Immunities and International Law
The Cambridge Handbook of Immunities and International Law

Author: Tom Ruys

Publisher: Cambridge University Press

Published: 2019-04-30

Total Pages:

ISBN-13: 110828499X

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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.

The Law of State Immunity
The Law of State Immunity

Author: Hazel Fox

Publisher: OUP Oxford

Published: 2013-08-29

Total Pages: 3290

ISBN-13: 0191669768

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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.

Sovereign Immunity Under Pressure
Sovereign Immunity Under Pressure

Author: Régis Bismuth

Publisher: Springer Nature

Published: 2022-01-19

Total Pages: 485

ISBN-13: 303087706X

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This book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States. Part I, Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes, deals with the diversity of existing regimes of State immunity at the national level. This part aims to explore different approaches of particular states to sovereign immunity and their general attitude to international law, and attempts to understand why some States favour a weaker State immunity regime by multiplying exceptions or interpreting them broadly, while others continuously support a stronger one and sometimes rely on the doctrine of absolute immunity. Part II, International Customary Law of Sovereign Immunity, Human Rights and Counter-Terrorism, highlights how human rights and counter-terrorism have shaped the law and practice of sovereign immunity. This part specifically discusses the role of national legislators and judges in the development of international law, emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights, and possible ways of their reconciliation. Part III, Sovereign Immunity of States and their Financial Obligations, contributes to on-going debates related to the mixed and complex nature of States’ financial obligations. In this part, authors elaborate on perceptions of the underlying public-private law divide, cross influences in public and private international law and their consequences for State immunity, as well as recent trends relating to immunity from execution.

State Immunity in International Law
State Immunity in International Law

Author: Xiaodong Yang

Publisher: Cambridge University Press

Published: 2012-09-27

Total Pages: 941

ISBN-13: 0521844010

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Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

International Law in Domestic Courts
International Law in Domestic Courts

Author: André Nollkaemper

Publisher:

Published: 2018

Total Pages: 769

ISBN-13: 0198739745

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The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

The United Nations Convention on Jurisdictional Immunities of States and Their Property
The United Nations Convention on Jurisdictional Immunities of States and Their Property

Author: Roger O'Keefe

Publisher: Oxford University Press

Published: 2013-03-21

Total Pages: 508

ISBN-13: 0199601836

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Providing article-by-article commentary on this crucial convention and a number of cross-cutting analytical chapters, this book will be highly useful for anyone working in general international law and state responsibility. Each article's commentary draws on its drafting history, state practice, and relevant national and international case law.

The Peace of Westphalia
The Peace of Westphalia

Author: Derek Croxton

Publisher: Greenwood

Published: 2002

Total Pages: 410

ISBN-13:

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The peace of Westphalia constituted a watershed in early modern history. It guided a number of political, territorial, and legal decisions that determined the internal politics of the Holy Roman Empire and the international landscape. This work provides an insight into the Peace of Westphalia.

Jurisdictional Immunities of States and International Organizations
Jurisdictional Immunities of States and International Organizations

Author: Edward Chukwuemeke Okeke

Publisher: Oxford University Press

Published: 2018

Total Pages: 409

ISBN-13: 0190611235

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This book explores the relationship between the jurisdictional immunities of states and international organizations, in an attempt to bring clarity and predictability to the law of international immunities. Embracing a holistic approach, this book charts the history, purpose, scope, competing norms, and exceptions and waivers for the jurisdictional immunities related to states and then international organizations, respectively. Finally, it focuses on the relationship between the two areas analyzing in detail the differences and commonalities between the two.

The Law of Sovereign Immunity and Terrorism
The Law of Sovereign Immunity and Terrorism

Author: James Cooper-Hill

Publisher:

Published: 2006-04-06

Total Pages: 360

ISBN-13:

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James Cooper-Hill is one of a very few lawyers to have conducted successful litigation against terrorist nations on behalf of victims of international terrorism. When his friend became the first hostage held in Baghdad during the 1992 Persian Gulf War, he became engaged in litigation against three terrorist nations: Iraq, Libya, and Sudan. Of the three judgements against Iraq that have been paid to date, two of them are cases in which Cooper-Hill represented the plaintiff. This path-breaking treatise explores the many stages involved when trying to thwart sovereign immunity and obtain damages against terrorist nations. Topics covered include pre-statutory U.S. administrative procedure, pre-1976 statutory exemptions, due process requirements, and collateral international terrorism law. Extensive appendices include the key laws and acts on sovereign immunity and compensation for victims of terrorist acts.

Diplomatic Law
Diplomatic Law

Author: Eileen Denza

Publisher: Oxford University Press

Published: 2016

Total Pages: 472

ISBN-13: 0198703961

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The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.