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Sovereign Immunity Under Pressure - Norms, Values and Interests (Paperback, 1st ed. 2022)
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Sovereign Immunity Under Pressure - Norms, Values and Interests (Paperback, 1st ed. 2022)
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This book offers a critical analysis of current challenges and
developments of the State immunity regime through three dimensions:
it looks at State immunity from a comparative perspective; it
discusses the major trends relating to the interplay between State
immunity and the protection of human rights as well as
counter-terrorism; and it examines the relationship between State
immunity and the financial obligations of States. Part I, Sovereign
Immunity from a Comparative Perspective: Weak v. Strong Immunity
Regimes, deals with the diversity of existing regimes of State
immunity at the national level. This part aims to explore different
approaches of particular states to sovereign immunity and their
general attitude to international law, and attempts to understand
why some States favour a weaker State immunity regime by
multiplying exceptions or interpreting them broadly, while others
continuously support a stronger one and sometimes rely on the
doctrine of absolute immunity. Part II, International Customary Law
of Sovereign Immunity, Human Rights and Counter-Terrorism,
highlights how human rights and counter-terrorism have shaped the
law and practice of sovereign immunity. This part specifically
discusses the role of national legislators and judges in the
development of international law, emerging conflicts between
national constitutional norms and the rules of international law
concerning State immunity and human rights, and possible ways of
their reconciliation. Part III, Sovereign Immunity of States and
their Financial Obligations, contributes to on-going debates
related to the mixed and complex nature of States' financial
obligations. In this part, authors elaborate on perceptions of the
underlying public-private law divide, cross influences in public
and private international law and their consequences for State
immunity, as well as recent trends relating to immunity from
execution.
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