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Immunities from Jurisdiction in International Law


ISBN13: 9780199550319
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Publication Abandoned



The topic of immunities from jurisdiction in international law is perhaps one of the most controversial in modern international relations. At one level, immunities such as diplomatic and state immunity are regarded as anachronistic; existing only to shield states and their officials from the normal processes of law, either civil or criminal. At another level, immunities are identified as essential safeguards to the proper functioning of relations between states.

This book seeks to analyse and critically evaluate these apparently dichotomous understandings of the concept of immunities. It provides an analysis of the historical development of, and the theoretical justifications for, international immunities before turning to consider the substantive law relating to each of the major forms of immunity. Finally, the book examines current challenges to the sustainability of the law of international immunities, including recent developments in the fields of human rights and international criminal law, as well as developments in international trade and investment.

By focusing on the law of international immunities as a whole the book is able to highlight the inter-relationship of concepts common to the various substantive forms of immunity from jurisdiction. To this extent, the book does not provide a detailed exposition of the relevant black-letter law but is intended to be an examination of first principle. Ultimately, the book argues that the sustainability of international immunities in general is dependent on a clearer distinction being drawn between various types of immunity, in particular the central distinction between immunity rationae materiae and immunity rationae personae.

Subjects:
Public International Law
Contents:
Part I International Immunities From Jurisdiction - An Overview;
1. Historical and Theoretical Overview
2. The Law of Diplomatic and Consular Immunity
3. The Law of State Immunity
4. Head of State Immunity and the Immunity of Other State Officials
5. Immunities of International Organizations
Part II Absolute vs Restrictive Immunity;
6. The Public/Private Divide
7. Immunity Rationae Materiae and Immunity Rationae Personae - The Case for Separate Treatment
Part III Wither International Immunities?;
8. Recent Developments in International Law: Challenges to State Sovereignty
9. The Future Role of International Immunities

Series: Foundations of Public International Law

Principles of International Investment Law 3rd ed ISBN 9780192857811
Published January 2022
Oxford University Press
£49.99
Principles of International Investment Law 3rd ed ISBN 9780192857804
Published January 2022
Oxford University Press
£120.00
The Sources of International Law 2nd ed ISBN 9780198841814
Published April 2019
Oxford University Press
£89.00
The Sources of International Law 2nd ed ISBN 9780198841821
Published April 2019
Oxford University Press
£33.49
International Law and the Use of Force 4th ed ISBN 9780198808411
Published February 2018
Oxford University Press
£110.00
International Law and the Use of Force 4th ed ISBN 9780198808428
Published February 2018
Oxford University Press
£40.99
The Sources of International Law ISBN 9780199685394
Published March 2014
Oxford University Press
Out of print
Principles of International Investment Law 2nd ed (eBook) ISBN 9780191632136
Published November 2012
Oxford University Press
£50.83
(ePub)
Buy
Principles of International Investment Law 2nd ed ISBN 9780199651801
Published November 2012
Oxford University Press
£61.00
Principles of International Investment Law 2nd ed ISBN 9780199651795
Published November 2012
Oxford University Press
£140.00
International Law and the Use of Force 3rd ed (eBook) ISBN 9780191021626
Published July 2008
Oxford University Press
Out of print
International Law and the Use of Force 3rd ed ISBN 9780199239146
Published July 2008
Oxford University Press
Out of print
International Law and the Use of Force 3rd ed (eBook) ISBN 9780191553578
Published July 2008
Oxford University Press
Out of print
Principles of International Investment Law ISBN 9780199211753
Published February 2008
Oxford University Press
Out of print
Principles of International Investment Law ISBN 9780199211760
Published February 2008
Oxford University Press
Out of print
Making of Inernational Law 1st ed ISBN 9780199248193
Published February 2007
Oxford University Press
£100.00
Making of International Law (eBook) ISBN 9780191021763
Published February 2007
Oxford University Press
£42.50
(ePub)
Buy
Making of International Law ISBN 9780199213795
Published February 2007
Oxford University Press
£51.00