The Law of State Immunity

Paperback | August 27, 2015

byHazel Fox, Philippa Webb

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Revised and updated to include recent developments since 2013, the third edition of The Law of State Immunity provides a detailed guide to the operation of the international rule of State immunity which bars one State's national courts from exercising criminal or civil jurisdiction over claimsmade against another State. Building on the analysis of its two previous editions, it reviews relevant material at both international and national levels with particular attention to US and UK law; the 2004 UN Convention on Jurisdictional Immunities of the State and its Property (not yet in force),and also seeks to assess the significance of recent changes in the evolution of the law.Although the restrictive doctrine of immunity is now widely observed by which foreign States may be sued in national courts for their commercial transactions, the immunity rule remains controversial, not only by reason of the recognition of a single State's right to deny a remedy for a wrong -China, a major trading State, continues to adhere to the absolute bar - but also by the exclusion of any reparation or relief for the commission on the orders of a State of grave human rights violations. The complexity and moral challenge of the issues is illustrated by high profile cases such asPinochet, Amerada Hess, Saudi Arabia v Nelson and more recently NML v Argentina in national courts; Al-Adsani v UK and Jones v UK in the European Court of Human Rights; and Judgments of the International Court of Justice in Arrest Warrant, Djibouti v France and most recently in the JurisdictionalImmunities of the State, which, particularly since the 2014 contrary ruling of the Italian Constitutional Court, has attracted strong juristic criticism. The expanding extraterritorial jurisdiction of national courts with regard to torture in disregard of pleas of act of State and nonjusticiabilityas in Belhaj and Rahmatullah offers a further challenge to the exclusionary nature and continued observance of State immunity. Recent developments in key areas are examined, including: impleading; public policy and non-justiciability; universal civil jurisdiction for reparation for international crimes; the application of the employment exception to embassies and diplomats; immunity from enforcement and procedural measures;immunity of State officials, and tensions between national constitutional requirements and superior international norms.

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Revised and updated to include recent developments since 2013, the third edition of The Law of State Immunity provides a detailed guide to the operation of the international rule of State immunity which bars one State's national courts from exercising criminal or civil jurisdiction over claimsmade against another State. Building on the...

Lady Fox CMG, QC (Hazel), Barrister, is formerly Director of the British Institute of International and Comparative Law and General Editor of the International and Comparative Law Quarterly and member of the Institut de droit international. Dr Philippa Webb, LLM, JSD, Yale, is Lecturer at King's College London, former Special Assistan...

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The Law of State Immunity
The Law of State Immunity

Hardcover|Sep 11 2008

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Format:PaperbackDimensions:704 pages, 9.69 × 6.73 × 0.07 inPublished:August 27, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198744412

ISBN - 13:9780198744412

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Table of Contents

IntroductionPart I: General Concepts1. The Institution of Proceedings and the Nature of the Plea of State Immunity2. The Three Models of the Concept of State Immunity3. The Plea of State Immunity Distinguished from Act of State and Non-justiciability4. State Immunity and Jurisdiction: Immunity from the Civil and Criminal Jurisdiction of National CourtsPart II: The Sources of the Law of State Immunity5. A Review of the Sources: Treaties and Projects for Codification6. The Restrictive Doctrine of State Immunity: Its Recognition in State Practice7. English Law: The UK State Immunity Act 19788. US Law: The Foreign Sovereign Immunities Act 19769. The 2004 UN Convention on Jurisdictional Immunities of States and their Property: General AspectsPart III: The Current International Law of State Immunity10. The Definition of the Foreign State11. The Consent of the Foreign State: Waiver and the Arbitration Exception12. The Concept of Commerciality13. Immunity from Adjudication: The Proceedings in which Immunity Cannot be Invoked, the Commerical and Other Exceptions14. Immunity from Adjudication: The Employment Exception in Respect of (1) A Foreign State and (2) An International Organization15. Immunity from Adjudication: The Territorial Tort Exception16. State Immunity from Enforcement: General Aspects17. The Three Exceptions to Immunity from Enforcement and the Five Categories of State Property Listed as ImmunePart IV: Other Immunities18. Immunity of Individuals Acting on Behalf of the States19. International Organizations and Special RegimesPart V: Conclusions20. Taking StockAppendix: The United Nations Convention on Jurisdictional Immunities of States and Their Property

Editorial Reviews

"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 goodindex....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." --International and Comparative Law Quarterly 24/02/2004