The law of state immunity
著者
書誌事項
The law of state immunity
（The Oxford international law library）
Oxford University Press, 2002
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
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 case, 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 there should be codification by way of international convention. Still others argue that even when judgements are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This book addresses all of these issues by reference to the role of the modern state, and immunity's relationship to the exercise of civil and criminal jurisdiction by national courts. Through a detailed examination of the sources of law and English and US case law, and a comparative analysis of other types of immunity, the author explores both the law as it stands, and what it could and should be in the years to come.
目次
- 1. The Institution of Proceedings and the Nature of the Plea of State Immunity
- 2. The Concept of the State and the Justification for State Immunity
- 3. Theories Relating to State Immunity and the Concept of Jurisdiction
- THE SOURCES OF THE LAW OF STATE IMMUNITY WHERE IS THE LAW OF STATE IMMUNITY TO BE FOUND?
- 4. Treaty, Projects for Codification, and Municipal Law as Sources: the Development of the Restrictive Doctrine
- 5. Current State Practice: 1)English law 2) US law 3) The ILC 1991 Draft on Jurisdictional Immunities of States and their Property
- THE CURRENT INTERNATIONAL LAW
- 6. Accepted and Controversial Aspects of the Rules Relating to State Immunity and the Role of Consent of the Foreign State
- 7. The Exceptions to State Immunity
- 8. The Definition of the Foreign State
- 9. Immunity from Execution
- INTERNATIONAL IMMUNITIES OTHER THAN STATE IMMUNITY
- 10. International Immunities Other Than State Immunity 1) Heads of State 2) Diplomats and the Diplomatic Mission 3) Armed Forces 4) International Organizations
- CURRENT AND FUTURE PROBLEMS
- 11. State Immunity as a Personal Plea Distinguished from the Doctrines of Act of State and Non-Justiciability
- 12. State Immunity from Criminal Jurisdiction: the Answerability of State Officials for the Commission of International Crimes
- 13. The Exception for Acts Unlawful in International Law and the Exhaustion of Local Remedies
- 14. Conclusions and Future Models
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