The Law of State Immunity (häftad)
Häftad (Paperback)
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OUP Oxford
Webb, Philippa
241 x 171 x 44 mm
1202 g
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The Law of State Immunity (häftad)

The Law of State Immunity

Häftad Engelska, 2015-08-27
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The doctrine of state immunity bars national courts from adjudicating or enforcing claims against foreign states. This revised and updated edition 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.
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Stephan Wittch, German Yearbook of International Law The authors must be sincerely congratulated for this substantially revised edition of an already renowned treaties. Not only have they achieved an extremely useful update of the current law of State immunity by keeping up the high standard of the previous edition in terms of almost lexicographical tracing and recording of State practice and case law in numerous jurisdictions. This book is also an excellent attempt at re-conceptualising the notion of state immunity
against the background of recent international case law.

American Society of International Law Review from previous edition '...outstanding analysis...well written and superbly documented work...a must have for any public or private collection shelving the classics of international legal literature.'

Anthony Aust, International and Comparative Law Quarterly 'This in-depth study will be one of the most consulted works on international law. Those who specialize in new areas of international law, whether human rights, environmental law, or international criminal law, should certainly read it....This is a work of rigorous scholarship. As an authoritative monograph , it will be of inestimable value to practitioners. And its careful review of the many theoretical issues will be valuable in helping to fashion the law in many

Alan Boyle, The Law Review Quarterly 'Hazel Fox has long been known as the author of some the most probing scholarship on the relationship between international law and national law. In this substantial new volume, she sets out the most comprehensive and thoughtful analysis to date of a subect that is, as she so clearly demonstrates, no longer confined wither to immunities or to states....There is a great deal of interest and value in this book, both for scholars and practitioners. For specialists in
the topic it will be an indispensable text.'

International and Comparative Law Quarterly This is a work of rigorous scholarship. As an authoritative monograph, it will be of inestimable value to practitioners....The book is user-friendly in its detailed list of contents, lavish use of headings, and sub-headings, clear scene-setters for each chapter, regular summaries and a good index....State immunity is a difficult subject for students, teachers, and practitioners of international law, and there has long been need for a good book on it ... practitioners
will have already found the book essential for their work, a sign of a book being instantly indispensable.

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Övrig information

Dr Philippa Webb, LLM, JSD, Yale, Lecturer at King's College London, former Special Assistant to ICJ President Rosalyn Higgins DBE QC, author of International Judicial Integration and Fragmentation (OUP, 2013).


Introduction ; PART I: GENERAL CONCEPTS ; 1. The Institution of Proceedings and the Nature of the Plea of State Immunity ; 2. The Three Models of the Concept of State Immunity ; 3. The Plea of State Immunity Distinguished from Act of State and Non-justiciability ; 4. State Immunity and Jurisdiction: Immunity from the Civil and Criminal Jurisdiction of National Courts ; PART II: THE SOURCES OF THE LAW OF STATE IMMUNITY ; 5. A Review of the Sources: Treaties and Projects for Codification ; 6. The Restrictive Doctrine of State Immunity: Its Recognition in State Practice ; 7. English Law: The UK State Immunity Act 1978 ; 8. US Law: The Foreign Sovereign Immunities Act 1976 ; 9. The 2004 UN Convention on Jurisdictional Immunities of States and their Property: General Aspects ; PART III: THE CURRENT INTERNATIONAL LAW OF STATE IMMUNITY ; 10. The Definition of the Foreign State ; 11. The Consent of the Foreign State: Waiver and the Arbitration Exception ; 12. The Concept of Commerciality ; 13. Immunity from Adjudication: The Proceedings in which Immunity Cannot be Invoked, the Commerical and Other Exceptions ; 14. Immunity from Adjudication: The Employment Exception in Respect of (1) A Foreign State and (2) An International Organization ; 15. Immunity from Adjudication: The Territorial Tort Exception ; 16. State Immunity from Enforcement: General Aspects ; 17. The Three Exceptions to Immunity from Enforcement and the Five Categories of State Property Listed as Immune ; PART IV: OTHER IMMUNITIES ; 18. Immunity of Individuals Acting on Behalf of the States ; 19. International Organizations and Special Regimes ; PART V: CONCLUSIONS ; 20. Taking Stock ; Appendix: The United Nations Convention on Jurisdictional Immunities of States and Their Property