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Author : Enno Ruppert
Publisher : Unknown
Page : 128 pages
File Size : 47,9 Mb
Release : 2017
Category : Electronic
ISBN : 9013141757
Author : Hazel Fox,Philippa Webb
Publisher : OUP Oxford
Page : 704 pages
File Size : 54,6 Mb
Release : 2013-08-29
Category : Law
ISBN : 9780191669767
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 : Xiaodong Yang
Publisher : Cambridge University Press
Page : 941 pages
File Size : 53,8 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 : Valentina Volpe,Anne Peters,Stefano Battini
Publisher : Springer Nature
Page : 427 pages
File Size : 47,8 Mb
Release : 2021-04-08
Category : Law
ISBN : 9783662623046
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 : Christoph H. Schreuer
Publisher : Unknown
Page : 224 pages
File Size : 52,6 Mb
Release : 1988-01-01
Category : Law
ISBN : 052146319X
This book examines suits against States and State-owned corporations in foreign courts.
Author : Council of Europe
Publisher : Council of Europe
Page : 80 pages
File Size : 52,7 Mb
Release : 1985-01-01
Category : Political Science
ISBN : 9287107300
Conventions opened for signatire on 16.5.72
Author : John William Rowley,Emmanuel Gaillard,Gordon E. Kaiser,Benjamin Siino
Publisher : Unknown
Page : 779 pages
File Size : 52,9 Mb
Release : 2021
Category : Arbitration agreements, Commercial
ISBN : 1838625755
Author : Nout van Woudenberg
Publisher : Martinus Nijhoff Publishers
Page : 509 pages
File Size : 42,6 Mb
Release : 2012-03-23
Category : Law
ISBN : 9789004217041
This title examines whether there is any rule of (customary) international law stipluating that cultural objects are immune from seizure, or whether such a rule is emerging.
Author : E. Mat Asu
Publisher : Lulu.com
Page : 532 pages
File Size : 55,8 Mb
Release : 2024-06-01
Category : Electronic
ISBN : 9781312048621
Author : Rosanne van Alebeek
Publisher : Oxford University Press on Demand
Page : 488 pages
File Size : 54,9 Mb
Release : 2008
Category : Law
ISBN : 9780199232475
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 : Tom Ruys,Nicolas Angelet,Luca Ferro
Publisher : Cambridge University Press
Page : 128 pages
File Size : 41,8 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 : R. Doak Bishop
Publisher : Juris Publishing, Inc.
Page : 506 pages
File Size : 53,7 Mb
Release : 2009-09-01
Category : Law
ISBN : 9781933833293
The past decade has seen a veritable explosion of investment treaty and other arbitration claims brought against sovereigns. Many of those cases have been filed before the International Centre for Settlement of Investment Claims (ICSID), which has its own self-contained rules for enforcement. Given this significant increase in sovereign cases and the issues attendant to sovereign immunity, this treatise is timely in addressing the various issues that arise in enforcing arbitral awards against sovereigns. One of the first questions posed to their counsel by clients considering the initiation of an arbitration proceeding against a sovereign state is whether and how the resulting award can be enforced. The origin of the client’s question is usually based in some knowledge that a state possesses sovereign immunity, along with an uncertain concern about the exceptions to such immunity and the difficulties of enforcement against a sovereign’s assets. This uncertainty is understandable, especially in light of the sometimes confusing and even contradictory court decisions in certain jurisdictions. It is these inquiries in their broadest application that form the subject of this treatise. With contributions by eminent and experienced practitioners of the multiple issues that have arisen in various jurisdictions and the key cases that have created the law of enforcement of obligations against sovereigns, this book will provide access to valuable information, add to the transparency of this subject and further spur the consistent development of this area of law. This book is divided into three parts. The first part is general in nature and includes chapters encompassing the subjects of sovereign immunity in general (including both immunity from jurisdiction and immunity from enforcement), treaty obligations to honor awards, diplomatic protection by a claimant’s government to obtain payment of awards, and conciliation and settlement. The second part of the book deals with the means of enforcing awards. Part three of this treatise addresses the enforcement issues that arise in specific jurisdictions in which enforcement against sovereign assets is often sought - in particular, the United States, the United Kingdom, Switzerland, France, The Netherlands, and South America.
Author : Christine Bakker,Mirko Sossai
Publisher : Bloomsbury Publishing
Page : 430 pages
File Size : 54,6 Mb
Release : 2012-02-10
Category : Law
ISBN : 9781847319005
The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.
Author : Anonim
Publisher : BRILL
Page : 375 pages
File Size : 50,5 Mb
Release : 2015-06-19
Category : Business & Economics
ISBN : 9789004296060
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 : Maarten den Heijer,Harmen van der Wilt
Publisher : Springer
Page : 471 pages
File Size : 42,6 Mb
Release : 2016-08-04
Category : Law
ISBN : 9789462651142
Jus cogens is a formidable yet elusive concept of international law. Since its incorporation in the Vienna Convention on the Law of Treaties some 35 years ago, it has made tentative inroads into international legal practice. But its role in international law is arguably less prominent than might have been expected on the basis of its powerful potential and in view of wider developments in international law that call for constitutionalisation and hierarchy, including the processes of fragmentation and humanization. This volume of the Netherlands Yearbook of International Law sets out to clarify the concepts and doctrines relevant to jus cogens and to sharpen the debate on its theoretical foundations, functions and legal effects. To that purpose, the volume brings together contributions on the genesis and function of jus cogens, on the application of jus cogens in specialised areas of international law and on its enforcement and legal consequences. Together, they reinforce the understanding of jus cogens as a hierarchical concept of international law and shed light on its potential for further development.