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The United Nations Convention on Jurisdictional Immunities of States and Their Property - A Commentary (Hardcover)
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The United Nations Convention on Jurisdictional Immunities of States and Their Property - A Commentary (Hardcover)
Series: Oxford Commentaries on International Law
Expected to ship within 12 - 17 working days
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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 no longer 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 United Nations 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 immunity from 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.
General
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