State Immunity

Selected Materials and Commentary
Erscheinungsjahr 2004
ISBN: 978-0-19-924326-6
Verlag: OUP Oxford

Buch, Englisch, 632 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 1109 g

The past 30 years have seen important legal developments in relation to the immunities and privileges enjoyed by the subjects of international law, not least the enactment in several jurisdictions of detailed legislation on these issues and important decisions of international and domestic courts. At the heart of these developments, claims by States and other persons acting under their authority to immunities and privileges before courts and tribunals are a continuing source of controversy (as evidenced, for example, by the decisions in Pinochet and Al-Adsani).

The editors have collected key materials, including international agreements and domestic legislation, concerning the immunities of states, governmental bodies, state owned entities and agents. Focusing on the pioneering legislation in the United Kingdom and the United States of America, this volume will provide detailed commentary on the application of immunities and privileges as well their practical significance for practitioners in both jurisdictions.

Autoren/Hrsg.

Dickinson, Andrew

Lindsay, Rae

Loonam, James P.

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen

Inhaltsverzeichnis

- Foreword

- Preface

- The Authors

- Acknowledgements

- Abbreviations

- Table of Cases

- Table of Legislation

- Part 1: Treaties

- Brussels Convention for the Unification of Certain Rules relating to the Immunity of State Owned Vessels 1926 and 1934 Protocol

- European Convention on State Immunity 1972, Additional Protocol and Explanatory Memoranda

- (Rome) Statute of the International Criminal Court, Arts. 5-13, 27, and 98

- Part 2: Other International Instruments

- ILC Draft Articles on the Jurisdictional Immunities of States and their Property 1991 (with Official Commentary)

- Report of the United Nations' Ad Hoc Committee on Jurisdictional Immunities of States and their Property ( with Updated Draft Articles and Understandings)

- Draft Articles of the International Law Association on State Immunity

- Draft Convention of the Organisation of American States on State Immunity

- Resolution of the Institut de Droit International on State Immunity

- Resolution of the Institut de Droit International on the Immunities from Jurisdiction and Execution Execution of heads of State and Government

- Part 3: United States of America

- Foreign Sovereign Immunities Act 1976 (28 U.S.C. 1330, 1441 (d), 1391 (f), and 1602-1611, with Commentary)

- Part 4: United Kingdom

- State Immunity Act 1978 (with Commentary)

- State Immunity Bill and Explanatory Memorandum

- Part 5: Other National Legislation

- Argentina: La ley 24.488 - Immunidad Jurisdiccional de los Estados Extreanjeros ante los Tribunales Argentinos 1995 (Spanish, with Unofficial Translation)

- Australia: Foreign States Immunities Act 1985

- Canada: Sovereign Immunity Act 1982

- Pakistan: State Immunity Ordinance 1981

- Singapore: State Immunity Act 1979

- South Africa: Foreign States Immunities Act 1987

Über Autor(innen)

Clifford Chance is unique in having a dedicated International Law Group, based in London, comprising lawyers who specialize in all aspects of public and private international law. The Group is frequently consulted on matters of considerable sensitivity, and has substantial experience of managing large and complex cases and of co-ordinating the response of governments, other organizations and entities (both public and private) to them. They represent clients in international claims tribunals in the English courts and in other domestic and regional tribunals, and undertake a wide range of advisory work.