Research Handbook on Jurisdiction and Immunities in International Law

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Release : 2015-10-30
Genre : Law
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Book Rating : 189/5 ( reviews)

Research Handbook on Jurisdiction and Immunities in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Research Handbook on Jurisdiction and Immunities in International Law write by Alexander Orakhelashvili. This book was released on 2015-10-30. Research Handbook on Jurisdiction and Immunities in International Law available in PDF, EPUB and Kindle. This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state’s citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.

The Cambridge Handbook of Immunities and International Law

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Release : 2019-04-30
Genre : Law
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Book Rating : 99X/5 ( reviews)

The Cambridge Handbook of Immunities and International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Cambridge Handbook of Immunities and International Law write by Tom Ruys. This book was released on 2019-04-30. The Cambridge Handbook of Immunities and International Law available in PDF, EPUB and Kindle. Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.

The Law of State Immunity

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Release : 2013-08-29
Genre : Law
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Book Rating : 768/5 ( reviews)

The Law of State Immunity - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Law of State Immunity write by Hazel Fox. This book was released on 2013-08-29. The Law of State Immunity available in PDF, EPUB and Kindle. 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.

The Oxford Handbook of Jurisdiction in International Law

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Release : 2019-09-17
Genre : Law
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Book Rating : 370/5 ( reviews)

The Oxford Handbook of Jurisdiction in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Oxford Handbook of Jurisdiction in International Law write by Stephen Allen. This book was released on 2019-09-17. The Oxford Handbook of Jurisdiction in International Law available in PDF, EPUB and Kindle. The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.

The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law

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Release : 2008
Genre : Language Arts & Disciplines
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Book Rating : 474/5 ( reviews)

The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law write by Rosanne van Alebeek. This book was released on 2008. The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law available in PDF, EPUB and Kindle. This title is a comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.