A Comparative Study Of State Immunity From Jurisdiction Recognition And Enforcement Action

Author : E. Mat Asu
Publisher : Lulu.com
Page : 532 pages
File Size : 49,5 Mb
Release : 2014-02-25
Category : Law
ISBN : 9781312048621

Get Book

A COMPARATIVE STUDY OF STATE IMMUNITY FROM JURISDICTION, RECOGNITION AND ENFORCEMENT ACTION by E. Mat Asu Pdf

This book examines the history and development of diplomatic and state immunity, state debt and pre- and post-judgement measures.It defines what a state debt is and what may be excluded. It further makes a distinction between public and private acts of the State, and explains the current jurisprudential developments with respect to the activities that a State may be excepted jurisdiction, prosecution and enforcement action against her.Using cases from the US and the EU, this book analyses the judicial interpretation and decisions of Treaties, Conventions and Statutes developed over the past 2 centuries. The book considers institutionalised and non-institutionalised arbitration and judicial means of dispute resolution, with cases brought before State courts and arbitration under the Bank of International Settlement.Finally, this book is suitable for academicians, professionals, students of the law business and finance, administrators, and anyone who might be curious about sovereign immunity.

Author : Xiaodong Yang
Publisher : Cambridge University Press
Page : 941 pages
File Size : 45,9 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780521844017

Get Book

State Immunity in International Law by Xiaodong Yang Pdf

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

Author : Katia Fach Gomez
Publisher : Kluwer Law International B.V.
Page : 576 pages
File Size : 46,5 Mb
Release : 2019-03-22
Category : Law
ISBN : 9789403501352

Get Book

60 Years of the New York Convention by Katia Fach Gomez Pdf

Worldwide interest in the recognition and enforcement of arbitral awards has never been higher, and the New York Convention of 1958, currently adhered to by 159 States including the major trading nations, remains the most successful treaty in this area of commercial law. This incomparable book, marking the Convention’s 60th anniversary, provides a fully updated analysis of the Convention’s application from international, comparative, and national perspectives. Drawing on a global conference held in Seville in April 2018 that was actively supported by UNCITRAL, the book’s 27 chapters, by highly qualified international practitioners and academics from different jurisdictions, address the subject with critical eyes, well aware of current developments and future challenges in the field of arbitration. Among the issues and topics covered are the following: Multi-tiered dispute resolution clauses. Applicability of the UN Convention on the Use of Electronic Communications in International Contracts. Complexities of enforcing orders determined by software. Enforcement of annulled awards. European Union law and the New York Convention. Enforcing awards against States and State entities. Sovereign immunity as a ground to refuse compliance with investor-State awards; Enforcement against non-signatories. Public policy exception. Arbitrating and enforcing foreign awards in specific countries and regions, including China, sub-Saharan Africa, and the ASEAN countries. Ample reference is made throughout to leading cases and practice. Familiarity with the intricacies of the New York Convention, as the most universally acknowledged framework in which cross-border economic exchanges can flourish, is essential for judges, practitioners, legal staff, business people, and scholars working with or applying international commercial arbitration anywhere in the world. This book’s combination of highly thought-provoking topics and the depth with which they are addressed will prove invaluable to all interested parties

Author : Valentina Volpe,Anne Peters,Stefano Battini
Publisher : Springer Nature
Page : 427 pages
File Size : 47,7 Mb
Release : 2021-04-08
Category : Law
ISBN : 9783662623046

Get Book

Remedies against Immunity? by Valentina Volpe,Anne Peters,Stefano Battini Pdf

The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.

Author : Ihab Abdel Salam Amro
Publisher : Cambridge Scholars Publishing
Page : 197 pages
File Size : 54,9 Mb
Release : 2014-03-26
Category : Law
ISBN : 9781443858663

Get Book

Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice by Ihab Abdel Salam Amro Pdf

This book initiates a discussion of the law and practice of recognition and enforcement of foreign arbitral awards in both common law and civil law countries. In terms of law, this book principally focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, and the harmony or clash between the New York Convention and national arbitration laws of both common law and civil law countries including the UK and the USA (as common law countries), and France, Germany and Greece (as civil law countries). In terms of practice, this book deeply and extensively examines the judicial application of the New York Convention in national courts of common law and civil law countries, and sheds light on the best practices related to the judicial application of the New York Convention, while also highlighting how future disputes can be resolved in national courts. As such, this book provides solutions for salient and recurring problems arising out of the erroneous judicial application or interpretation of the New York Convention by national courts, and encourages the adoption of a more liberal regime in favour of the recognition and enforcement of foreign arbitral awards generally, and the adoption of a more liberal interpretation of the New York Convention in national courts of both common law and civil law countries particularly. This book, which is based on more than 100 courts’ decisions from common law and civil law countries, is a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students and researchers interested in international commercial arbitration, as well as for business professionals involved in international trade, and those who are willing to solve their commercial disputes through arbitration.

Author : Australia. Law Reform Commission
Publisher : Unknown
Page : 200 pages
File Size : 43,9 Mb
Release : 1984
Category : Law
ISBN : STANFORD:36105043844252

Get Book

Foreign State Immunity by Australia. Law Reform Commission Pdf

Author : Tom Ruys,Nicolas Angelet,Luca Ferro
Publisher : Cambridge University Press
Page : 128 pages
File Size : 51,9 Mb
Release : 2019-04-30
Category : Law
ISBN : 9781108284998

Get Book

The Cambridge Handbook of Immunities and International Law by Tom Ruys,Nicolas Angelet,Luca Ferro Pdf

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.

Author : Hazel Fox,Philippa Webb
Publisher : OUP Oxford
Page : 704 pages
File Size : 41,6 Mb
Release : 2013-08-29
Category : Law
ISBN : 9780191669767

Get Book

The Law of State Immunity by Hazel Fox,Philippa Webb Pdf

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.

Author : Council of Europe
Publisher : Council of Europe
Page : 80 pages
File Size : 47,7 Mb
Release : 1985-01-01
Category : Political Science
ISBN : 9287107300

Get Book

Explanatory Reports on the European Convention on State Immunity and the Additional Protocol by Council of Europe Pdf

Conventions opened for signatire on 16.5.72

Author : Alexandre Skander Galand
Publisher : BRILL
Page : 278 pages
File Size : 54,7 Mb
Release : 2018-11-22
Category : Law
ISBN : 9789004342217

Get Book

UN Security Council Referrals to the International Criminal Court by Alexandre Skander Galand Pdf

Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.

Author : Drossos Stamboulakis
Publisher : Cambridge University Press
Page : 303 pages
File Size : 43,9 Mb
Release : 2022-11-24
Category : Law
ISBN : 9781009084505

Get Book

Comparative Recognition and Enforcement by Drossos Stamboulakis Pdf

This book provides the first detailed analysis of recognition and enforcement of foreign judgments and awards in civil and commercial matters from a transnational perspective. This perspective facilitates greater understanding of the present state of recognition and enforcement and offers insight into the establishment and operation of key modern instruments. This book represents a timely contribution, as instruments harmonising and promoting recognition and enforcement are increasingly being considered and implemented internationally. Many countries have recently reiterated their commitment to improving access to justice and have indicated an intention to sign one or both of the treaties designed to harmonise and promote recognition and enforcement of civil and commercial judgments internationally: the 2005 Choice of Court Convention or the 2019 Judgments Convention. This book is an essential resource for policymakers, scholars, and intergovernmental organisations to understand the nature and origin of recognition and enforcement approaches, as well as their application, interpretation, and future directions.

Author : Christoph Schreuer (juriste)
Publisher : Cambridge University Press
Page : 1599 pages
File Size : 51,9 Mb
Release : 2009
Category : Arbitration and award
ISBN : 9780521885591

Get Book

The ICSID Convention by Christoph Schreuer (juriste) Pdf

This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).

Author : Anselmo Reyes,Wilson Lui
Publisher : Bloomsbury Publishing
Page : 441 pages
File Size : 50,6 Mb
Release : 2021-08-26
Category : Law
ISBN : 9781509936441

Get Book

Direct Jurisdiction by Anselmo Reyes,Wilson Lui Pdf

The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.

Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 456 pages
File Size : 40,6 Mb
Release : 1981-07-30
Category : Law
ISBN : 9028629416

Get Book

Recognition and enforcement of foreign judgments by Anonim Pdf

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Author : Pedro De Miguel Asensio
Publisher : Edward Elgar Publishing
Page : 561 pages
File Size : 42,5 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781035315130

Get Book

Conflict of Laws and the Internet by Pedro De Miguel Asensio Pdf

In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.