The Law of State Immunity

Hardcover | September 11, 2008

byHazel Fox QC

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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 thateven when judgements 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 ofimmunity, Hazel Fox explores both the law as it stands, and what it could and should be in years to come.

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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 an...

Lady Fox QC is a Barrister in practice at 4-5 Grays Inn Square, Grays Inn.

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The Law of State Immunity
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Format:HardcoverDimensions:600 pages, 9.21 × 6.14 × 1.91 inPublished:September 11, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199211108

ISBN - 13:9780199211104

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Table of Contents

IntroductionPart I: The Structure of State Immunity1. State Immunity as a Rule of International Law2. Institution of Proceedings and the Nature of the Plea of State ImmunityPart II: General Concepts in State Immunity3. The Concept of the State and the Justification for Immunity4. Theories Relating to State Immunity and the Concept of Jurisdiction5. Jus Cogens6. Immunity, Acts of State, and Non-JusticiabilityPart III: Sources of the Law of State Immunity7. Treaty Practice, Projects for Codification, and Municipal Law as Sources8. The Restrictive Doctrine9. National Legislation: The US FSIA and UKSIA10. Other ImmunitiesPart IV: The Current International Law11. The Rule of Immunity under the UN Convention12. Consent of the Foreign State13. Definition of the State14. Exceptions to State Immunity15. Exceptions under the UN Convention16. Execution and ProcedurePart V: Conclusions17. Conclusions and Future Models

Editorial Reviews

`For its thoroughness and lucidity, Hazel Fox's treatise is a considerable scholarly achievement. The author's expertise on the subject is manifest....The Law of State Immunity can confidently be regarded as the new classic book on State immunity that we have needed, and will likely remain sofor many years to come. The author is to be congratulated for this timely and important contribution.'Cambridge Law Journal