The United Nations Convention on Jurisdictional Immunities of States and Their Property

Author: Roger O'Keefe
Publisher: OUP Oxford
ISBN: 019163221X
Format: PDF, Kindle
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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.

Judicial Acts and Investment Treaty Arbitration

Author: Berk Demirkol
Publisher: Cambridge University Press
ISBN: 1108195954
Format: PDF, ePub
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Judicial acts of states are becoming increasingly subjected to international investment claims. This book focuses on distinctive particularities of these claims. Although there are no special responsibility regimes for different functions of the state, the application of investment treaty standards and the threshold for their breach may vary depending on the function involved. Accordingly, in order for the state to incur responsibility for a wrongful act committed in the exercise of its judicial function, there are some specific conditions that should be met: the investor must establish that the state is responsible for a breach attributable to the state; the investment tribunal has jurisdiction over the particular dispute; and the damage that the investor has suffered is a result of the particular breach. Berk Demirkol addresses questions in relation to the substance, jurisdiction, admissibility, and remedies in cases where state responsibility arises from a wrongful judicial act.

The Thin Justice of International Law

Author: Steven R. Ratner
Publisher: OUP Oxford
ISBN: 0191009113
Format: PDF, Mobi
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In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

Diplomatic Law

Author: Eileen Denza
Publisher: Oxford University Press on Demand
ISBN: 9780199216857
Format: PDF
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This work is a commentary on the 1961 Vienna Convention on Diplomatic Relations, the universally-accepted framework for diplomacy between sovereign states. The author places each provision of the Convention in its historical context.

The Italian Yearbook of International Law

Author: Benedetto Conforti
Publisher: Martinus Nijhoff
ISBN: 9789004164468
Format: PDF, ePub
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"The Italian Yearbook of International Law" aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XVI (2006) is organised in three main sections. The first contains doctrinal contributions including articles on the 2006 conflict in Lebanon, on the historical contribution of Francisco Suarez to the concept of international community, and on recent developments in the field of international environmental law. This section includes also shorter notes on current developments in the field of minority protection, State immunity in relation to Argentine bonds claims, as well as the surveys of the practice of ICJ, ITLOS, ILC, WTO and the European Court of Human Rights. The second section covers the Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the "Yearbook,"