Immunities and criminal proceedings (Equatorial Guinea v. France) PDF Download
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Author: International Court of Justice
Publisher:
ISBN: 9789210038737
Category : Privileges and immunities
Languages : en
Pages : 0
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Book Description
This case was entered on the Court's General List on 13 June 2016 under number 163 and was the subject of a Judgment delivered on 11 December 2020. The documents relating to the case include the Application instituting proceedings, the Request for the indication of provisional measures and the written proceedings (Volume I) as well as the verbatim records of public hearings (Volume II).
Author: International Court of Justice
Publisher:
ISBN: 9789210038737
Category : Privileges and immunities
Languages : en
Pages : 0
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Book Description
This case was entered on the Court's General List on 13 June 2016 under number 163 and was the subject of a Judgment delivered on 11 December 2020. The documents relating to the case include the Application instituting proceedings, the Request for the indication of provisional measures and the written proceedings (Volume I) as well as the verbatim records of public hearings (Volume II).
Author: International Court of Justice
Publisher:
ISBN: 9789210013710
Category :
Languages : un
Pages : 0
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Book Description
This case was entered on the Court's General List on 13 June 2016 under number 163 and was the subject of a Judgment delivered on 11 December 2020. The documents relating to the case include the Application instituting proceedings, the Request for the indication of provisional measures and the written proceedings (Volume I) as well as the verbatim records of public hearings (Volume II).
Author: Hazel Fox
Publisher: OUP Oxford
ISBN: 0191669768
Category : Law
Languages : en
Pages : 3290
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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: France
Publisher: Fred B. Rothman
ISBN:
Category : Law
Languages : en
Pages : 408
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Book Description
This volume supersedes Volume 7 of the series.
Author: Alexandre Skander Galand
Publisher: BRILL
ISBN: 9004342214
Category : Law
Languages : en
Pages : 278
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Book Description
Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
Author: International Court of Justice
Publisher:
ISBN: 9789210013727
Category :
Languages : un
Pages : 0
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Book Description
This case was entered on the Court's General List on 13 June 2016 under number 163 and was the subject of a Judgment delivered on 11 December 2020. The documents relating to the case include the Application instituting proceedings, the Request for the indication of provisional measures and the written proceedings (Volume I) as well as the verbatim records of public hearings (Volume II).
Author: Eileen Denza
Publisher: Oxford University Press
ISBN: 019100913X
Category : Law
Languages : en
Pages : 519
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Book Description
The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.
Author: United Nations
Publisher:
ISBN: 9789210038720
Category : Political Science
Languages : en
Pages : 0
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Book Description
This case was entered on the Court's General List on 13 June 2016 under number 163 and was the subject of a Judgment delivered on 11 December 2020. The documents relating to the case include the Application instituting proceedings, the Request for the indication of provisional measures and the written proceedings (Volume I) as well as the verbatim records of public hearings (Volume II).
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: Tom Ruys
Publisher: Cambridge University Press
ISBN: 110828499X
Category : Law
Languages : en
Pages :
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Book Description
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.
