The State Immunity Controversy in International Law: Private Suits Against Sovereign States in Domestic Courts by Ernest K. BankasThe State Immunity Controversy in International Law: Private Suits Against Sovereign States in Domestic Courts by Ernest K. Bankas

The State Immunity Controversy in International Law: Private Suits Against Sovereign States in…

byErnest K. Bankas

Paperback | October 14, 2010

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The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.
Title:The State Immunity Controversy in International Law: Private Suits Against Sovereign States in…Format:PaperbackDimensions:542 pages, 23.5 × 15.5 × 0.07 inPublished:October 14, 2010Publisher:Springer-Verlag/Sci-Tech/TradeLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:3642065120

ISBN - 13:9783642065125

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Table of Contents

The Historical Origins of the Concept of Absolute Immunity of States.- The Development of the Doctrine of Sovereign Immunity: A Claim Against France Before American Courts and its Aftereffects.- The Rights and Immunities of States in Foreign Courts: A Study of Absolute Immunity of States.- The Changing Law of Sovereign Immunity in U.S. and U.K. Courts: A Look at the Restrictive Immunity Rule.- Private Suits Against African Countries in Foreign Courts.- The Practice of African States in the Matter of Jurisdictional Immunities of States: Is it Still Absolute Immunity or Restrictive Immunity.- A Look at the ILC Report on Jurisdictional Immunities of Foreign States and Their Property.- Sovereign States Before Foreign Courts: An Observation on Certain Unsettled or Lingering State Immunity Problems.- State Immunity and the Violation of International Law: Some Recent Developments in the Law of State Immunity.- The Acceptance of the Proposed UN Convention on Jurisdictional Immunities of States and Their Property, A Recent Development.- The Current State of the Law of Sovereign Immunity.- Conclusion: A Modest Proposal for Resolving the Sovereign Immunity Controversy.