International Law Immunities And Employment Claims

Author : Pierfrancesco Rossi
Publisher : Bloomsbury Publishing
Page : 296 pages
File Size : 55,7 Mb
Release : 2021-12-02
Category : Law
ISBN : 9781509952991

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International Law Immunities and Employment Claims by Pierfrancesco Rossi Pdf

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.

Author : Hazel Fox, QC,Philippa Webb
Publisher : Oxford University Press
Page : 692 pages
File Size : 55,9 Mb
Release : 2013-08-29
Category : Law
ISBN : 9780199647064

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

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 : 54,9 Mb
Release : 2012-09-27
Category : Law
ISBN : 9781139576611

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State Immunity in International Law by Xiaodong Yang Pdf

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 : Alexander Orakhelashvili
Publisher : Edward Elgar Publishing
Page : 560 pages
File Size : 43,6 Mb
Release : 2015-10-30
Category : LAW
ISBN : 9781783472185

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Research Handbook on Jurisdiction and Immunities in International Law by Alexander Orakhelashvili Pdf

This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state’s citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.

Author : Katherine Reece Thomas
Publisher : Edward Elgar Publishing
Page : 211 pages
File Size : 52,6 Mb
Release : 2024-03-14
Category : Law
ISBN : 9781803923468

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The Commercial Activity Exception to State Immunity by Katherine Reece Thomas Pdf

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 : Roger O'Keefe,Christian J. Tams,Antonios Tzanakopoulos
Publisher : Oxford University Press
Page : 508 pages
File Size : 52,9 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780199601837

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The United Nations Convention on Jurisdictional Immunities of States and Their Property by Roger O'Keefe,Christian J. Tams,Antonios Tzanakopoulos Pdf

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.

Author : Rosanne van Alebeek
Publisher : Oxford University Press on Demand
Page : 488 pages
File Size : 47,9 Mb
Release : 2008
Category : Law
ISBN : 9780199232475

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The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law by Rosanne van Alebeek Pdf

This title is a comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.

Author : Régis Bismuth,Vera Rusinova,Vladislav Starzhenetskiy,Geir Ulfstein
Publisher : Springer Nature
Page : 485 pages
File Size : 51,5 Mb
Release : 2022-01-19
Category : Law
ISBN : 9783030877064

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Sovereign Immunity Under Pressure by Régis Bismuth,Vera Rusinova,Vladislav Starzhenetskiy,Geir Ulfstein Pdf

This book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States. Part I, Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes, deals with the diversity of existing regimes of State immunity at the national level. This part aims to explore different approaches of particular states to sovereign immunity and their general attitude to international law, and attempts to understand why some States favour a weaker State immunity regime by multiplying exceptions or interpreting them broadly, while others continuously support a stronger one and sometimes rely on the doctrine of absolute immunity. Part II, International Customary Law of Sovereign Immunity, Human Rights and Counter-Terrorism, highlights how human rights and counter-terrorism have shaped the law and practice of sovereign immunity. This part specifically discusses the role of national legislators and judges in the development of international law, emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights, and possible ways of their reconciliation. Part III, Sovereign Immunity of States and their Financial Obligations, contributes to on-going debates related to the mixed and complex nature of States’ financial obligations. In this part, authors elaborate on perceptions of the underlying public-private law divide, cross influences in public and private international law and their consequences for State immunity, as well as recent trends relating to immunity from execution.

Author : Edward Chukwuemeke Okeke
Publisher : Oxford University Press
Page : 296 pages
File Size : 51,6 Mb
Release : 2018-05-03
Category : Law
ISBN : 9780190611255

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Jurisdictional Immunities of States and International Organizations by Edward Chukwuemeke Okeke Pdf

This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of State immunity. The major aim of this book is to clarify the conceptual confusion that has often marred the understanding of the law of the, different but interrelated, jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. The author intends to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.

Author : Ernest K. Bankas
Publisher : Springer Science & Business Media
Page : 538 pages
File Size : 52,9 Mb
Release : 2005-12-05
Category : Law
ISBN : 9783540278832

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The State Immunity Controversy in International Law by Ernest K. Bankas Pdf

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 : Australia. Law Reform Commission
Publisher : Unknown
Page : 200 pages
File Size : 45,6 Mb
Release : 1984
Category : Australia
ISBN : STANFORD:36105043844252

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Foreign State Immunity by Australia. Law Reform Commission Pdf

Author : Joseph M. Sweeney
Publisher : Unknown
Page : 80 pages
File Size : 49,9 Mb
Release : 1964
Category : Immunities of foreign states
ISBN : PURD:32754081234423

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The International Law of Sovereign Immunity by Joseph M. Sweeney Pdf

Author : Anonim
Publisher : BRILL
Page : 375 pages
File Size : 52,5 Mb
Release : 2015-06-19
Category : Business & Economics
ISBN : 9789004296060

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Immunity of International Organizations by Anonim Pdf

Immunity for international organizations and their staff, while long considered necessary to their functioning, has fallen under scrutiny and criticism in practice. These contributions, originally prepared for a conference held at Leiden University in June 2013, are re-published here in celebration of the 10th anniversary of the International Organizations Law Review.

Author : August Reinisch
Publisher : OUP Oxford
Page : 396 pages
File Size : 51,8 Mb
Release : 2013-09-12
Category : Law
ISBN : 9780191668739

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The Privileges and Immunities of International Organizations in Domestic Courts by August Reinisch Pdf

International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topical areas of international legal scholarship: the rapidly evolving law of international institutions; the burgeoning research into the role of domestic courts in the international legal system; and the recent rise of empirically-oriented legal scholarship. Utilizing OUP's International Law in Domestic Courts database, the book presents analysis of little-known cases which have real international significance, illustrating the impact and extent of transnational judicial dialogue in the international legal system. The book provides important perspectives on the evolution and status of the law of immunity of international organizations, and contributes to the understanding of relationships between national courts, and between national and international courts.

Author : Clarence Wilfred Jenks
Publisher : Unknown
Page : 230 pages
File Size : 47,7 Mb
Release : 1961
Category : International agencies
ISBN : UOM:39015041869580

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International Immunities by Clarence Wilfred Jenks Pdf