The United Nations Convention on Jurisdictional Immunities of States and Their Property: A…

Hardcover | June 21, 2013

EditorRoger OKeefe, Christian J. Tams

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State immunity, the idea that a state, including its individual organs, officials and other emanations, may not be proceeded against in the courts of another state in certain instances, has long been and remains a source of international controversy. Although customary international law nolonger recognizes the absolute immunity of states from foreign judicial process, the evolution of the contemporary notion of restrictive state immunity over the past fifty years has been an uncoordinated and contested process, leading to disputes between states. The adoption, in 2004, of the UnitedNations Convention on Jurisdictional Immunities of States and Their Property has significantly contributed to reaching consensus among states on this fundamental question of international law.This book provides article-by-article commentary on the text of the Convention, complemented by a small number of cross-cutting chapters highlighting general issues beyond the scope of any single provision, such as the theoretical underpinnings of state immunity, the distinction between immunityfrom suit and immunity from execution, the process leading to the adoption of the Convention, and the general understanding that the Convention does not extend to criminal matters. It presents a systematic analysis of the Convention, taking into account its drafting history, relevant state practice(including the considerable number of national statutes and judicial decisions on state immunity), and any international judicial or arbitral decisions on point.

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State immunity, the idea that a state, including its individual organs, officials and other emanations, may not be proceeded against in the courts of another state in certain instances, has long been and remains a source of international controversy. Although customary international law nolonger recognizes the absolute immunity of stat...

Roger O'Keefe is a Senior Lecturer in Law and the Deputy Director of the Lauterpacht Centre for International Law at the University of Cambridge, as well as a Fellow and College Lecturer in Law at Magdalene College, Cambridge. He is the author of The Protection of Cultural Property in Armed Conflict (CUP, 2006) as well as of several ar...

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Format:HardcoverDimensions:600 pages, 9.21 × 6.14 × 0.98 inPublished:June 21, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199601836

ISBN - 13:9780199601837

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Table of Contents

James Crawford: ForewordRoger O'Keefe and Christian J. Tams: General introductionElizabeth Wilmshurst: Distinction between immunity of state from proceedings and immunity of state property from measures of constraintRoger O'Keefe and Christian J. Tams: PreambleRoger O'Keefe: Article 1Dapo Akande: Article 2(1)(a) and (b)Stephan Wittich: Article 2(1)(c), (2) and (3)Rosanne Van Alebeek: Article 3Jean d'Aspremont: Article 4Dapo Akande: Article 5Dapo Akande: Article 6J. Craig Barker: Article 7J. Craig Barker: Article 8Rosanne Van Alebeek: Introduction to Part IIIStephan Wittich: Article 10Joanne Foakes: Article 11Joanne Foakes: Article 12Cedric Ryngaert: Article 13Cedric Ryngaert: Article 14Cedric Ryngaert: Article 15Douglas Guilfoyle: Article 16Kate Parlett: Article 17Chester Brown: Article 18Chester Brown: Article 19J. Craig Barker: Article 20Chester Brown: Article 21Shaheed Fatima: Article 22Shaheed Fatima: Article 23Shaheed Fatima: Article 24Jean d'Aspremont: Article 25Jean d'Aspremont: Article 26Christian J. Tams: Article 27Antonios Tzanakopoulos: Article 28Antonios Tzanakopoulos: Article 29Antonios Tzanakopoulos: Article 30Antonios Tzanakopoulos: Article 31TBC: Article 32TBC: Article 33