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The Law of State Immunity Hazel Fox, QC

The Law of State Immunity By Hazel Fox, QC

The Law of State Immunity by Hazel Fox, QC


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Summary

This book examines the controversial doctrine of State immunity which bars national courts from adjudicating or enforcing claims against foreign States. This edition examines the UN Convention on Jurisdictional Immunities of States and their Property, explores high-profile cases, and provides comparative coverage of UK and US State practice.

The Law of State Immunity Summary

The Law of State Immunity by Hazel Fox, QC

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. Still others argue that even when judgements are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition addresses all of these issues by reference to the United Nations Convention on Jurisdictional Immunities of States and their Property. 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, Hazel Fox explores both the law as it stands, and what it could and should be in years to come.

Table of Contents

Introduction; PART I: THE STRUCTURE OF STATE IMMUNITY; 1. State Immunity as a Rule of International Law; 2. Institution of Proceedings and the Nature of the Plea of State Immunity; PART II: GENERAL CONCEPTS IN STATE IMMUNITY; 3. The Concept of the State and the Justification for Immunity; 4. Theories Relating to State Immunity and the Concept of Jurisdiction; 5. Jus Cogens; 6. Immunity, Acts of State, and Non-Justiciability; PART III: SOURCES OF THE LAW OF STATE IMMUNITY; 7. Treaty Practice, Projects for Codification, and Municipal Law as Sources; 8. The Restrictive Doctrine; 9. National Legislation: The US FSIA and UKSIA; 10. Other Immunities; PART IV: THE CURRENT INTERNATIONAL LAW; 11. The Rule of Immunity under the UN Convention; 12. Consent of the Foreign State; 13. Definition of the State; 14. Exceptions to State Immunity; 15. Exceptions under the UN Convention; 16. Execution and Procedure; PART V: CONCLUSIONS; 17. Conclusions and Future Models

Additional information

GOR013665094
9780199211111
0199211116
The Law of State Immunity by Hazel Fox, QC
Used - Very Good
Paperback
Oxford University Press
2008-07-01
848
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

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