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Author : Michael W. Gordon
Publisher : MICHIE
Page : 494 pages
File Size : 44,9 Mb
Release : 1991
Category : Government trading
ISBN : UCAL:$B216318
Author : Katherine Reece Thomas
Publisher : Edward Elgar Publishing
Page : 211 pages
File Size : 46,7 Mb
Release : 2024-03-14
Category : Law
ISBN : 9781803923468
In this insightful book, Katherine Reece Thomas explores the constantly evolving nature of state immunity, providing a nuanced analysis of the tension between private and public law. The current rules on the commercial activity exception to state immunity are examined, in both international and domestic law settings, using recent case studies from key jurisdictions including the UK and the US.
Author : Xiaodong Yang
Publisher : Cambridge University Press
Page : 941 pages
File Size : 40,7 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780521844017
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Author : Ernest K. Bankas
Publisher : Springer Science & Business Media
Page : 564 pages
File Size : 42,8 Mb
Release : 2005-06-30
Category : Law
ISBN : 3540256954
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, QC,Philippa Webb
Publisher : Oxford University Press
Page : 692 pages
File Size : 50,9 Mb
Release : 2013-08-29
Category : Law
ISBN : 9780199647064
The doctrine of state immunity bars national courts from adjudicating or enforcing claims against foreign states. This updated edition of this book provides a thorough analysis of the doctrine, explores high-profile cases, the UN Convention on the Jurisdictional Immunities of States, and provides comparative coverage of UK and US State practice.
Author : Xiaodong Yang
Publisher : Cambridge University Press
Page : 941 pages
File Size : 47,8 Mb
Release : 2012-09-27
Category : Law
ISBN : 9781139576611
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 : Dhisadee Chamlongrasdr
Publisher : Cameron May
Page : 433 pages
File Size : 44,9 Mb
Release : 2007
Category : Arbitration (International law)
ISBN : 9781905017393
In State Immunity and Arbitration the author explores the limits of the concept of State Immunity as it relates to both jurisdiction and execution against state property in arbitration cases. The current scope of state immunity from jurisdiction is examined with reference to legislative and jurisprudential developments in the US and UK where the author finds evidence of a definite shift away from the traditional restrictive theory of state immunity. A similar survey of state practice relating to waiver, both express and implied, of immunity from jurisdiction and the relevant rules of arbitration institutions such as the ICC also illustrate a trend towards shrinking immunity.
Author : Gamal Badr
Publisher : Springer Science & Business Media
Page : 238 pages
File Size : 53,8 Mb
Release : 2013-12-01
Category : Law
ISBN : 9789401511810
Ours is a world in which the volume of the external trade of the vast majority of nations has greatly expanded and continues to be on the rise. Transnational intercourse of all kinds is now a feature of an interdependent world economy in which no nation can afford to stand aloof from a market-place which has assumed global dimensions. It is also a world where many nations, and not only of the Socialist bloc, conduct some of their transnational business themselves, or else they entrust it to state-owned cor porations and to agencies of the state. In these circumstances it becomes of prime importance to know whether a foreign state or an agency or instrumentality thereof can be sued before the local courts and, if so, whether the final judgement obtained can be enforced against the funds or property of the judgement debtor. The question of the immunity of states from suit and from execution is thus one of direct practical relevance not only to the legal profession but also to governments and the business and banking communities all over the world. The economic effects of a particular legal stand on state immunity are obvious. The position of national courts on state immunity can either attract more business or discourage further dealings with foreign states or their agencies. It can thus affect the balance of payments and, in general, the role the country plays in the world market.
Author : Tom Ruys,Nicolas Angelet,Luca Ferro
Publisher : Cambridge University Press
Page : 128 pages
File Size : 40,7 Mb
Release : 2019-04-30
Category : Law
ISBN : 9781108284998
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 : T O Elias
Publisher : Martinus Nijhoff Publishers
Page : 384 pages
File Size : 40,8 Mb
Release : 1983-05
Category : Business & Economics
ISBN : 9789004634497
Author : Australia. Law Reform Commission
Publisher : Unknown
Page : 200 pages
File Size : 42,5 Mb
Release : 1984
Category : Law
ISBN : STANFORD:36105043844252
Author : Ekaterina Bykhovskaya
Publisher : Wildy, Simmonds & Hill Publishing
Page : 264 pages
File Size : 47,7 Mb
Release : 2008
Category : Law
ISBN : STANFORD:36105134479208
This book covers proceedings instituted against Russia in foreign courts, the development of Russian doctrinal views, provisions of international treaties, relevant legislation, judicial practice and the Russian draft law on State immunity.
Author : Roger O'Keefe,Christian J. Tams,Antonios Tzanakopoulos
Publisher : OUP Oxford
Page : 508 pages
File Size : 52,9 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780191632204
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 reaching consensus among states on this fundamental question of international law. This book provides article-by-article commentary on the text of the Convention, complemented by a small number of cross-cutting chapters highlighting general issues beyond the scope of any single provision, such as the theoretical underpinnings of state immunity, the distinction between immunity from suit and immunity from execution, the process leading to the adoption of the Convention, and the general understanding that the Convention does not extend to criminal matters. It presents a systematic analysis of the Convention, taking into account its drafting history, relevant state practice (including the considerable number of national statutes and judicial decisions on state immunity), and any international judicial or arbitral decisions on point.
Author : Katia Fach Gomez
Publisher : Kluwer Law International B.V.
Page : 576 pages
File Size : 41,5 Mb
Release : 2019-03-22
Category : Law
ISBN : 9789403501352
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 : Charles James Lewis
Publisher : Unknown
Page : 264 pages
File Size : 45,9 Mb
Release : 1990
Category : Law
ISBN : STANFORD:36105043537104
