Suing Foreign Governments and Their Corporations, 2nd Edition PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Suing Foreign Governments and Their Corporations, 2nd Edition PDF full book. Access full book title Suing Foreign Governments and Their Corporations, 2nd Edition by Joseph Dellapenna. Download full books in PDF and EPUB format.
Author: Joseph Dellapenna
Publisher: BRILL
ISBN: 9004478949
Category : Law
Languages : en
Pages : 991
Get Book Here
Book Description
When Suing Foreign Governments and Their Corporations was first published in 1988, one reviewer predicted that it would become the bible for all attorneys litigating such cases. Since then, the book has become the standard work on the intricacies of litigation under the Foreign Sovereign Immunities Act. In the most recent Supreme Court decision applying the Foreign Sovereign Immunities Act, both the majority and the dissent cited the book as the definitive work on the topic.
Author: Joseph Dellapenna
Publisher: BRILL
ISBN: 9004478949
Category : Law
Languages : en
Pages : 991
Get Book Here
Book Description
When Suing Foreign Governments and Their Corporations was first published in 1988, one reviewer predicted that it would become the bible for all attorneys litigating such cases. Since then, the book has become the standard work on the intricacies of litigation under the Foreign Sovereign Immunities Act. In the most recent Supreme Court decision applying the Foreign Sovereign Immunities Act, both the majority and the dissent cited the book as the definitive work on the topic.
Author: Joseph W. Dellapenna
Publisher: Brill Nijhoff
ISBN:
Category : Business & Economics
Languages : en
Pages : 1000
Get Book Here
Book Description
In 1976 Congress enacted the landmark Foreign Sovereign Immunities Act opening the doors of US federal courts to suits by private individuals against foreign governments. In the decades following, over 3000 cases have been brought and the instances of new cases are increasing as the US becomes more integrated into the world economy and foreign governments are behaving more like private entitles. While this development has created new opportunities for US attorneys to seek redress from foreign governments for their clients, the challenges presented by the complex rules governing Immunities Act cases, counterparts from radically different legal traditions, and unfamiliar terminology can befuddle even the most competent counsel. Since first publication of the book in 1988, "Suing Foreign Governments and Their Corporations" has become recognized as the standard handbook providing guidance on the intricacies of litigation under the Foreign Sovereign Immunities Act.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Hazel Fox
Publisher: OUP Oxford
ISBN: 019166975X
Category : Law
Languages : en
Pages : 692
Get Book Here
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: Xiaodong Yang
Publisher: Cambridge University Press
ISBN: 1139576615
Category : Law
Languages : en
Pages : 941
Get Book Here
Book Description
The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.
Author: Dhisadee Chamlongrasdr
Publisher: Cameron May
ISBN: 1905017391
Category : Arbitration (International law)
Languages : en
Pages : 433
Get Book Here
Book Description
In State Immunity and Arbitration the author explores the limits of the concept of State Immunity as it relates to both jurisdiction and execution against state property in arbitration cases. The current scope of state immunity from jurisdiction is examined with reference to legislative and jurisprudential developments in the US and UK where the author finds evidence of a definite shift away from the traditional restrictive theory of state immunity. A similar survey of state practice relating to waiver, both express and implied, of immunity from jurisdiction and the relevant rules of arbitration institutions such as the ICC also illustrate a trend towards shrinking immunity.
Author: Mauro Megliani
Publisher: Springer
ISBN: 331908464X
Category : Law
Languages : en
Pages : 617
Get Book Here
Book Description
This book provides a thorough legal analysis of sovereign indebtedness, examining four typologies of sovereign debt – bilateral debt, multilateral debt, syndicated debt and bonded debt – in relation to three crucial contexts: genesis, restructuring and litigation. Its treatise-style approach makes it possible to capture in a systematic manner a phenomenon characterized by high complexity and unclear boundaries. Though the analysis is mainly conducted on the basis of international law, the breadth of this topical subject has made it necessary to include other sources, such as private international law, domestic law and financial practice; moreover, references are made to international financial relations and international financial history so as to provide a more complete understanding. Although it follows the structure of a continental tractatus, the work strikes a balance between consideration of doctrinal and jurisprudential sources, making it a valuable reference work for scholars and practitioners alike.
Author: Malcolm Evans
Publisher: Oxford University Press (UK)
ISBN: 019956566X
Category : Language Arts & Disciplines
Languages : en
Pages : 931
Get Book Here
Book Description
Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law.
Author: Roger O'Keefe
Publisher: OUP Oxford
ISBN: 0191632201
Category : Law
Languages : en
Pages : 508
Get Book Here
Book Description
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.
Author: Jeff King
Publisher: Cambridge University Press
ISBN: 1107128013
Category : Business & Economics
Languages : en
Pages : 249
Get Book Here
Book Description
This book outlines how odious debts are not legally binding under international or domestic law, contrary to widely held legal opinion.
