State Immunity: Selected Materials and Commentary

Hardcover | April 6, 2004

byAndrew Dickinson, Rae Lindsay, James P. Loonam

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The past 30 years have seen important legal developments in relation to the immunities and privileges enjoyed by the subjects of international law, not least the enactment in several jurisdictions of detailed legislation on these issues and important decisions of international and domesticcourts. At the heart of these developments, claims by States and other persons acting under their authority to immunities and privileges before courts and tribunals are a continuing source of controversy (as evidenced, for example, by the decisions in Pinochet and Al-Adsani). The editors have collected key materials, including international agreements and domestic legislation, concerning the immunities of states, governmental bodies, state owned entities and agents. Focusing on the pioneering legislation in the United Kingdom and the United States of America, this volumewill provide detailed commentary on the application of immunities and privileges as well their practical significance for practitioners in both jurisdictions.

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The past 30 years have seen important legal developments in relation to the immunities and privileges enjoyed by the subjects of international law, not least the enactment in several jurisdictions of detailed legislation on these issues and important decisions of international and domesticcourts. At the heart of these developments, cl...

Clifford Chance is unique in having a dedicated International Law Group, based in London, comprising lawyers who specialize in all aspects of public and private international law. The Group is frequently consulted on matters of considerable sensitivity, and has substantial experience of managing large and complex cases and of co-ordin...

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Format:HardcoverPublished:April 6, 2004Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199243263

ISBN - 13:9780199243266

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Table of Contents

ForewordSir Robert Jennings QC: PrefaceThe AuthorsAcknowledgementsAbbreviationsTable of CasesTable of LegislationPart 1: TreatiesBrussels Convention for the Unification of Certain Rules relating to the Immunity of State Owned Vessels 1926 and 1934 ProtocolEuropean Convention on State Immunity 1972, Additional Protocol and Explanatory Memoranda(Rome) Statute of the International Criminal Court, Arts. 5-13, 27, and 98Part 2: Other International InstrumentsILC Draft Articles on the Jurisdictional Immunities of States and their Property 1991 (with Official Commentary)Report of the United Nations' Ad Hoc Committee on Jurisdictional Immunities of States and their Property ( with Updated Draft Articles and Understandings)Draft Articles of the International Law Association on State ImmunityDraft Convention of the Organisation of American States on State ImmunityResolution of the Institut de Droit International on State ImmunityResolution of the Institut de Droit International on the Immunities from Jurisdiction and Execution Execution of heads of State and GovernmentPart 3: United States of AmericaForeign Sovereign Immunities Act 1976 (28 U.S.C. 1330, 1441 (d), 1391 (f), and 1602-1611, with Commentary)Part 4: United KingdomState Immunity Act 1978 (with Commentary)State Immunity Bill and Explanatory MemorandumPart 5: Other National LegislationArgentina: La ley 24.488 - Immunidad Jurisdiccional de los Estados Extreanjeros ante los Tribunales Argentinos 1995 (Spanish, with Unofficial Translation)Australia: Foreign States Immunities Act 1985Canada: Sovereign Immunity Act 1982Pakistan: State Immunity Ordinance 1981Singapore: State Immunity Act 1979South Africa: Foreign States Immunities Act 1987