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Author : Xiaodong Yang
Release : 2012-09-27
Genre : Law
Kind : eBook
Book Rating : 010/5 ( reviews)
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.
Author : Xiaodong Yang
Release : 2012-09-27
Genre : Law
Kind : eBook
Book Rating : 615/5 ( reviews)
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: The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.
Author : Xiaodong Yang
Release : 2015-07-02
Genre : Law
Kind : eBook
Book Rating : 831/5 ( reviews)
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 2015-07-02. Available in PDF, EPUB and Kindle. Book excerpt: The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.
Author : Ernest K. Bankas
Release : 2005-06-30
Genre : Law
Kind : eBook
Book Rating : 953/5 ( reviews)
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.
Author : Hazel Fox
Release : 2013-08-29
Genre : Law
Kind : eBook
Book Rating : 768/5 ( reviews)
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.
