The Law of State Immunity / Edition 2

The Law of State Immunity / Edition 2

by Hazel Fox QC
     
 

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ISBN-10: 0199211116

ISBN-13: 9780199211111

Pub. Date: 10/03/2008

Publisher: Oxford University Press

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

Overview

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 judgments 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.

Product Details

ISBN-13:
9780199211111
Publisher:
Oxford University Press
Publication date:
10/03/2008
Series:
Oxford International Law Library Series
Pages:
600
Product dimensions:
6.10(w) x 9.20(h) x 1.70(d)

Table of Contents

Introduction

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