Author: Clyde E. Jacobs
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 232

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Book Description

Author: Ernest K. Bankas
Publisher: Springer Science & Business Media
ISBN: 9783540256953
Category : Law
Languages : en
Pages : 564

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Book Description
The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.

Author: Hazel Fox
Publisher: OUP Oxford
ISBN: 0191669768
Category : Law
Languages : en
Pages : 704

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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.

Author: Ernesto J. Sanchez
Publisher: American Bar Association
ISBN: 9781627220408
Category : Law
Languages : en
Pages : 0

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Book Description
With the rise of globalization, the contracts between private parties and foreign governments have inevitably increased cross-border legal disputes, making the FSIA a significant component of U.S. international dispute resolution practice. Foreign sovereign immunity issues are important to today's topical issues including the world-wide oil and natural gas industry, and the financial services industry.

Author: Xiaodong Yang
Publisher: Cambridge University Press
ISBN: 0521844010
Category : Law
Languages : en
Pages : 941

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Book Description
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

Author: Régis Bismuth
Publisher: Springer Nature
ISBN: 303087706X
Category : Law
Languages : en
Pages : 485

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Book Description
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.

Author: Donald L. Doernberg
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 276

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Book Description
"Sovereign Immunity or the Rule of Law suggests a fresh look at the doctrine of sovereign immunity through the lens of political philosophers whose writings were well known to the people who framed and ratified the United States Constitution. Some of those philosophers espoused theories of sovereignty that logically compelled sovereign immunity. John Locke, the philosopher upon whom the former colonists predominantly relied, espoused a theory of sovereignty that, by contrast, cannot tolerate the idea of sovereign immunity - a government not answerable to its own laws or to the instrument that gave it life. Donald L. Doernberg argues that the United States Constitution exists for no purpose other than to restrain government power, and that to declare the government immune from accountability under it is a profanation of our political and philosophical history."--BOOK JACKET.

Author: Christopher Shortell
Publisher: State University of New York Press
ISBN: 0791478025
Category : Political Science
Languages : en
Pages : 230

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Book Description
The Supreme Court's recent spate of state sovereign immunity rulings have protected states from lawsuits based on federal legislation as diverse as disabilities law, age discrimination, patent and trademark law, and labor standards. But does the doctrine of state sovereign immunity increase state authority? Does it undermine federal antidiscrimination statutes? Is it an effective means to revive a more robust version of federalism, shifting the balance of power toward states and away from the federal government, and if so, what are the costs and implications of such an approach? This book explores these questions through engaging historical case studies and traces the impact of state sovereign immunity on both plaintiffs and states. Demonstrating that the doctrine's primary effect is felt most keenly by the weakest and most politically unpopular individuals, Christopher Shortell's findings challenge arguments from both proponents and opponents of state sovereign immunity.

Author: New Jersey. Attorney General's Task Force on Sovereign Immunity
Publisher:
ISBN:
Category : Government liability
Languages : en
Pages : 264

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Book Description

Author: Melvyn R. Durchslag
Publisher: Praeger
ISBN: 9780313313486
Category : Law
Languages : en
Pages : 0

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Book Description
As part of a new series of Greenwood's comprehensive reference guides to the United States Constitution, Professor Durchslag's edition on the Eleventh Amendment's guarantee of state sovereign immunity is the most thorough and up-to-date treatment of that amendment. The Court's interpretation of the Eleventh Amendment over the past two centuries has been an attempt to balance the sovereign interests of the states against the primacy of federal law, and is currently its primary means of articulating its federalist doctrine. Beginning with an extensive history of the Eleventh Amendment and the ratification debates surrounding it, Durchslag proceeds to a chronological discussion of the development of the first generation of Eleventh Amendment jurisprudence from 1793 - 1890. The book then proceeds topically, tracing the developments of the various doctrinal components of the Amendment, and includes suggestions as to how they may evolve. The work concludes with an erudite bibliographic essay to guide the reader to relevant primary and secondary works, and is fully indexed. For constitutional students, scholars, and legal practitioners, as well as for political scientists and historians studying the constitution or federalism.