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The United Nations Convention on Jurisdictional Immunities of States and Their Property
  • Language: en
  • Pages: 508

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

  • Categories: Law

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 United Nations Convention on Jurisdictional Immunities of States and Their Property
  • Language: en
  • Pages: 512

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

  • Categories: Law
  • Type: Book
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  • Published: 2013-03-21
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  • Publisher: OUP Oxford

State immunity, the idea that a state, including its individual organs, officials and other emanations, may not be proceeded against in the courts of another state in certain instances, has long been and remains a source of international controversy. Although customary international law no longer recognizes the absolute immunity of states from foreign judicial process, the evolution of the contemporary notion of restrictive state immunity over the past fifty years has been an uncoordinated and contested process, leading to disputes between states. The adoption, in 2004, of the United Nations Convention on Jurisdictional Immunities of States and Their Property has significantly contributed to...

The State Immunity Controversy in International Law
  • Language: en
  • Pages: 538

The State Immunity Controversy in International Law

  • Categories: Law

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 Fundamental Rules of the International Legal Order
  • Language: en
  • Pages: 483

The Fundamental Rules of the International Legal Order

  • Categories: Law
  • Type: Book
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  • Published: 2006
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  • Publisher: BRILL

This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.

Jurisdictional Immunities of States and International Organizations
  • Language: en
  • Pages: 409

Jurisdictional Immunities of States and International Organizations

  • Categories: Law

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.

State Immunity in International Law
  • Language: en
  • Pages: 941

State Immunity in International Law

  • Categories: Law

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

The Cambridge Handbook of Immunities and International Law
  • Language: en
  • Pages: 557

The Cambridge Handbook of Immunities and International Law

  • Categories: Law

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.

Oppenheim's International Law: United Nations
  • Language: en
  • Pages: 1642

Oppenheim's International Law: United Nations

  • Categories: Law

The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, huma...

International Law Immunities and Employment Claims
  • Language: en
  • Pages: 296

International Law Immunities and Employment Claims

  • Categories: Law

This book provides the first comprehensive analysis of the international law regime of jurisdictional immunities in employment matters. Three main arguments lie at its heart. Firstly, this study challenges the widely held belief that international immunity law requires staff disputes to be subject to blanket or quasi-absolute immunity from jurisdiction. Secondly, it argues that it is possible to identify well-defined standards of limited immunity to be applied in the context of employment litigation against foreign states, international organizations and diplomatic and consular agents. Thirdly, it maintains that the interaction between the applicable immunity rules and international human rights law gives rise to a legal regime that can provide adequate protection to the rights of employees. A much-needed study into an under-researched field of international and employment law.