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Sovereign Immunity Or the Rule of Law

2005 Law
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Release : 2005
Genre : Law
Kind : eBook
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Book Synopsis Sovereign Immunity Or the Rule of Law by : Donald L. Doernberg

Download or read book Sovereign Immunity Or the Rule of Law written by Donald L. Doernberg. This book was released on 2005. Available in PDF, EPUB and Kindle. Book excerpt: "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.

State Immunity in International Law

2012-09-27 Law
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Release : 2012-09-27
Genre : Law
Kind : eBook
Book Rating : 010/5 ( reviews)

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Book Synopsis State Immunity in International Law by : Xiaodong Yang

Download or read book State Immunity in International Law written by Xiaodong Yang. This book was released on 2012-09-27. 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.

The Foreign Sovereign Immunities Act Deskbook

2013 Law
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Release : 2013
Genre : Law
Kind : eBook
Book Rating : 408/5 ( reviews)

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Book Synopsis The Foreign Sovereign Immunities Act Deskbook by : Ernesto J. Sanchez

Download or read book The Foreign Sovereign Immunities Act Deskbook written by Ernesto J. Sanchez. This book was released on 2013. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The State Immunity Controversy in International Law

2005-06-30 Law
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Release : 2005-06-30
Genre : Law
Kind : eBook
Book Rating : 953/5 ( reviews)

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Book Synopsis The State Immunity Controversy in International Law by : Ernest K. Bankas

Download or read book The State Immunity Controversy in International Law written by Ernest K. Bankas. This book was released on 2005-06-30. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law of State Immunity

2013-08-29 Law
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Release : 2013-08-29
Genre : Law
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Book Rating : 768/5 ( reviews)

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Book Synopsis The Law of State Immunity by : Hazel Fox

Download or read book The Law of State Immunity written by Hazel Fox. This book was released on 2013-08-29. 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.

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