State Immunity In International Law

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State Immunity In International Law

Author : Xiaodong Yang
ISBN : 9780521844017
Genre : Law
File Size : 36.14 MB
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Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Category: Law

The Law Of State Immunity

Author : Hazel Fox, QC
ISBN : 9780199647064
Genre : Law
File Size : 67.19 MB
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The doctrine of state immunity bars national courts from adjudicating or enforcing claims against foreign states. This updated edition of this book 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.
Category: Law

The Oxford Handbook Of Jurisdiction In International Law

Author : Stephen Allen
ISBN : 9780198786146
Genre : Law
File Size : 26.9 MB
Format : PDF
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The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.
Category: Law

Foreign State Immunity And Arbitration

Author : Dhisadee Chamlongrasdr
ISBN : 9781905017393
Genre : Arbitration (International law)
File Size : 87.14 MB
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In State Immunity and Arbitration the author explores the limits of the concept of State Immunity as it relates to both jurisdiction and execution against state property in arbitration cases. The current scope of state immunity from jurisdiction is examined with reference to legislative and jurisprudential developments in the US and UK where the author finds evidence of a definite shift away from the traditional restrictive theory of state immunity. A similar survey of state practice relating to waiver, both express and implied, of immunity from jurisdiction and the relevant rules of arbitration institutions such as the ICC also illustrate a trend towards shrinking immunity.
Category: Arbitration (International law)

International Crimes Law And Practice

Author : Guénaël Mettraux
ISBN : 9780198860099
Genre : Law
File Size : 46.94 MB
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Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This second volume discusses in detail crimes against humanity.
Category: Law

Public International Law

Author : Khin Maung Sein
ISBN : UOM:39015064268918
Genre : Criminal jurisdiction
File Size : 54.96 MB
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Category: Criminal jurisdiction

Library Of Congress Subject Headings

Author : Library of Congress
ISBN : UCBK:C098382830
Genre : Subject headings, Library of Congress
File Size : 87.25 MB
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Category: Subject headings, Library of Congress

General International Law Before Human Rights Courts

Author : édéric Vanneste
ISBN : STANFORD:36105134488936
Genre : Law
File Size : 74.77 MB
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This book analyzes how the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) deal with general international law. In light of the concerns of various authors about the fragmentation of international law and the "human rightist" aspirations of human rights law, the question arises whether these human rights courts put the unity of general international law into danger. The main idea of this study is that the ECtHR and the IACtHR may, in principle, only "elaborate" and not "depart" from or "contradict" general international law. A departure is only acceptable if a clear lex specialis has been established for human rights law. The author researches whether or not the sometimes different case law of both human rights courts fits into this assumption. Almost all topics of general international law that have been dealt with by the ECtHR and IACtHR are analyzed, including: reservations * application of treaties * ratione temporis, ratione loci, and ratione personae * interpretation rules * the theory of the sources of international law * jus cogens * modification and withdrawal from treaties * diplomatic protection * exhaustion of local remedies * state responsibility (including the law of reparations) * foreign state immunity * state succession. This volume will be of interest not only to human rights lawyers, but to all international lawyers. It explains how certain traditional concepts of general international law appear to function, and how other concepts need to be refined in order to create a more effective international order. This analysis may be a source of inspiration for other subsystems of international law like environmental law, WTO law, maritime law, space law, etc.
Category: Law

International Law

Author : John Dugard
ISBN : UVA:X002560930
Genre : Apartheid
File Size : 55.84 MB
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Category: Apartheid