Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 10 Oct/Nov 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


This book is now Out of Print.
A new edition has been published, the details can be seen here:
The Law of State Immunity 3rd ed isbn 9780199647064

The Law of State Immunity 2nd ed


ISBN13: 9780199211111
New Edition ISBN: 9780199647064
Previous Edition ISBN: 0199270996
Published: September 2008
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: Out of print
Hardback edition out of print, ISBN13 9780199211104



  • A fully revised new edition of this highly regarded and comprehensive guide, providing new analysis of the United Nations Convention on Jurisdictional Immunities of States and their Property
  • Contains both conceptual analysis and detailed examination of caselaw and international and domestic laws by a leading practitioner
  • Gives detailed comparative coverage of the UK and US domestic legislation
  • Considers the relationship between State immunity and human rights conventions

New to this edition

  • This edition has been completely restructured to examine current international law in light of the United Nations Convention on Jurisdictional Immunities of States and their Property
  • Increased coverage of the issues of international crimes and international criminal law, individual criminal responsibility, and universal jurisdiction

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. Still others argue that even when judgements are made in national courts against other states, the doctrine makes enforcement of these decisions impossible.

This fully restructured new edition addresses all of these issues by reference to the United Nations Convention on Jurisdictional Immunities of States and their Property. 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, Hazel Fox explores both the law as it stands, and what it could and should be in years to come.

Subjects:
Public International Law
Contents:
Introduction
PART I: THE STRUCTURE OF STATE IMMUNITY
1. State Immunity as a Rule of International Law
2. Institution of Proceedings and the Nature of the Plea of State Immunity
PART II: GENERAL CONCEPTS IN STATE IMMUNITY
3. The Concept of the State and the Justification for Immunity
4. Theories Relating to State Immunity and the Concept of Jurisdiction
5. Jus Cogens
6. Immunity, Acts of State, and Non-Justiciability
PART III: SOURCES OF THE LAW OF STATE IMMUNITY
7. Treaty Practice, Projects for Codification, and Municipal Law as Sources
8. The Restrictive Doctrine
9. National Legislation: The US FSIA and UKSIA
10. Other Immunities
PART IV: THE CURRENT INTERNATIONAL LAW
11. The Rule of Immunity under the UN Convention
12. Consent of the Foreign State
13. Definition of the State
14. Exceptions to State Immunity
15. Exceptions under the UN Convention
16. Execution and Procedure
PART V: CONCLUSIONS
17. Conclusions and Future Models