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The Law of State Immunity (Hardcover, 3rd Revised edition)
Loot Price: R9,619
Discovery Miles 96 190
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The Law of State Immunity (Hardcover, 3rd Revised edition)
Series: Oxford International Law Library
Expected to ship within 12 - 17 working days
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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.
Furthermore, it can be argued that even when judgments are made in
national courts against other states, the doctrine makes
enforcement of these decisions impossible. This fully restructured
new edition provides a detailed analysis of these issues in a more
clear and accessible manner. It provides a nuanced assessment of
the development of the doctrine of state immunity, including a
general comprehensive overview of the plea of immunity of a foreign
state, its characteristics, and its operation as a bar to
proceedings in national courts of another state. It includes a
coherent history and justification of the plea of state immunity,
demonstrating its development from the absolute to the restrictive
phase, arguing that state immunity can now be seen to be developing
into a third phase which uses immunity allocate adjudicative and
enforcement jurisdictions between the foreign and the territorial
states. The United Nations Convention on Jurisdictional Immunities
of states and their Property is thoroughly assessed. Through a
detailed examination of the sources of law and of English and US
case law, and a comparative analysis of other types of immunity,
the authors explore both the law as it stands, and what it could
and should be in years to come.
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