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State Immunity and International Investment Law (Hardcover, 1st ed. 2022)
Loot Price: R3,622
Discovery Miles 36 220
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State Immunity and International Investment Law (Hardcover, 1st ed. 2022)
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The book provides a sophisticated analysis of state immunity from
an enforcement perspective. It covers all relevant legal techniques
of enforcing an arbitral award against a sovereign state. Besides
tackling the plea of state immunity through the courts, this book
also covers notable non-judicial remedial measures which may aid
the aggrieved investors in satisfying their claims against state
parties to a dispute. These measures may be used either to enhance
the effectiveness of judicial remedies or as stand-alone remedies
when legal measures seem (or prove to be) ineffective. After having
identified problems arising from a lack of universal agreement on
state immunity and the diversity and, more dishearteningly, the
inadequacy of forms of enforcement available to an aggrieved
claimant, this book proposes a new approach to solve state immunity
issues. The international community must work towards the setting
up of a central enforcement agency, a functional model of
enforcement.
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