By Hazel Fox, Philippa Webb
ISBN-10: 019166975X
ISBN-13: 9780191669750
The doctrine of nation immunity bars a countrywide court docket from adjudicating or implementing claims opposed to international states. This doctrine, the root for high-profile nationwide and overseas judgements akin to these within the Pinochet case and the Arrest Warrant situations, has regularly been arguable. the explanations for the debate are many and sundry. a few argue that nation immunity paves the way in which for country violations of human rights. Others argue that the typical foundation for the doctrine isn't a adequate foundation for law and that codification is the best way ahead. additionally, it may be argued that even if judgments are made in nationwide courts opposed to different states, the doctrine makes enforcement of those judgements impossible.
This absolutely restructured new version presents an in depth research of those matters in a extra transparent and available demeanour. It presents a nuanced overview of the improvement of the doctrine of country immunity, together with a basic entire assessment of the plea of immunity of a international country, its features, and its operation as a bar to court cases in nationwide courts of one other nation. It features a coherent historical past and justification of the plea of kingdom immunity, demonstrating its improvement from absolutely the to the restrictive part, arguing that country immunity can now be visible to be constructing right into a 3rd section which makes use of immunity allocate adjudicative and enforcement jurisdictions among the international and the territorial states.
The United international locations conference on Jurisdictional Immunities of states and their estate is carefully assessed. via an in depth exam of the resources of legislations and of English and US case legislations, and a comparative research of different different types of immunity, the authors discover either the legislations because it stands, and what it might probably and will be in future years.
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Extra resources for The Law of State Immunity (3rd Edition) (Oxford International Law Library)
Sample text
2d 644 (WD Tenn 1998) . . . . . . 250, 252 Republic of Argentina v Weltover 504 US 607 (1992); 100 ILR 509 . . . . . . . . . . . 407, 409, 440, 612 Republic of Austria v Altmann, US Supreme Ct, 327 F 3d 1246 (2004); (2004) 43 ILM 1421 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 14, 269, 291, 427, 528 Ricaud v American Metal Co 246 US 304 (1918) .
2d 1237 (2nd Cir 1991); 87 ILR 590 at 654 . . . . 339 Mumtaz v Ershad, NY Supreme Court unpublished Digest of US Practice 1989/89, 314–19 . . . . . . 546 National City Bank v Republic of China 348 US 356 (1955) . . . . . . . . . . . . . . . . . . 3d 470 at 479–80 (DC Cir 2007) . . . . . . . . . . . . . . . . . . . 3d 463 (2nd Cir, 2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50, 61, 62 M v Home Office [1992] QB 270 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Maclaine Watson & Co Ltd v Department of Trade and Industry . . . . . . . . . . . . . . . 461, 579 Maclaine Watson & Co Ltd v International Tin Council, ILM, vol 29 (1990), 675 . . . . . . . . . . . 461 Maclaine Watson v Dept of Trade and Industry [1988] 3 All ER 257 at 315, 336 .
The Law of State Immunity (3rd Edition) (Oxford International Law Library) by Hazel Fox, Philippa Webb
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