Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 100
Book Description
Jones V. Webb
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 100
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 100
Book Description
The Law of State Immunity
Author: Hazel Fox
Publisher: OUP Oxford
ISBN: 0191669768
Category : Law
Languages : en
Pages : 3290
Book Description
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.
Publisher: OUP Oxford
ISBN: 0191669768
Category : Law
Languages : en
Pages : 3290
Book Description
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 Laws of England
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1040
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1040
Book Description
A Treatise on the Law of Judgments
Author: Abraham Clark Freeman
Publisher:
ISBN:
Category : Judgments
Languages : en
Pages : 744
Book Description
Publisher:
ISBN:
Category : Judgments
Languages : en
Pages : 744
Book Description
The American Decisions
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 2102
Book Description
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 2102
Book Description
The Law of Wills and the Administration of Estates
Author: William Patterson Borland
Publisher:
ISBN:
Category : Executors and administrators
Languages : en
Pages : 754
Book Description
Publisher:
ISBN:
Category : Executors and administrators
Languages : en
Pages : 754
Book Description
People v. Webb, 458 MICH 265 (1998)
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 120
Book Description
104587
Publisher:
ISBN:
Category :
Languages : en
Pages : 120
Book Description
104587
The American Decisions, Containing All the Cases of General Value and Authority Decided in the Courts of the Several States
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 900
Book Description
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 900
Book Description
Reports of Cases Adjudged and Determined in the Court of Chancery, of the State of Delaware
Author: Delaware. Court of Chancery
Publisher:
ISBN:
Category : Delaware
Languages : en
Pages : 684
Book Description
Publisher:
ISBN:
Category : Delaware
Languages : en
Pages : 684
Book Description
Irish Common Law Reports
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 628
Book Description
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 628
Book Description