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The Cambridge Handbook of Immunities and International Law

Edited by: Tom Ruys, Nicolas Angelet, Luca Ferro

ISBN13: 9781108417884
Published: May 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £179.00

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Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike.

Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent - and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law.

Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.

Public International Law
1. Introduction - International Immunities in a State of Flux? Tom Ruys, Nicolas Angelet and Luca Ferro
2. The Restrictive Rule of State Immunity - The 1970s Enactment and its Contemporary Status Lady Hazel Fox
3. The Sources of Immunity Law - Between International and Domestic Law Lori Fisler Damrosch
4. Divergent Views on State Immunity in the International Community Wenhua Shan and Peng Wang
5. Immunity and the Exercise of Jurisdiction - Indirect Impleading and Exequatur Nicolas Angelet
6. Jurisdictional Immunity of States and General International Law - Explaining the Jus Gestionis V. Jus Imperii Divide Alexander Orakhelashvili
7. Jurisdictional Immunity of States - Commercial Transactions Yas Banifatemi
8. Jurisdictional Immunity of States and Non-Commercial Torts Sally El Sawah
9. Waivers of Jurisdictional Immunity Catherine Amirfar
10. Jurisdictional Immunities of International Organizations - Origins, Fundamentals and Challenges Niels Blokker
11. Immunities of the United Nations and Specialized Agencies Kristen E. Boon
12. Jurisdictional Immunity of Regional Organizations - Substantive Unity in Instrumental Diversity? Ramses A. Wessel
13. The Material Scope of State Immunity from Execution Jean-Marc Thouvenin and Victor Grandaubert
14. Immunity from Execution of Central Bank Assets Ingrid Wuerth
15. Immunity from Execution and Diplomatic Property Cedric Ryngaert
16. Immunity from Execution of Military and Cultural Property Matthew Happold
17. Measures of Constraint and the Immunity of International Organizations Eric De Brabandere
18. Enforcing Sovereign Arbitral Awards - State Defences and Creditor Strategies in an 1. Imperfect World Mark A. Cymrot
19. Immunity from Execution and Domestic Procedural Rules - Preventive Control, Burden of Proof and Discovery Mathias Audit, Nicolas Angelet and Maria-Clara Van Den Bossche
20. Waivers of Immunity from Execution Frederic Dopagne
21. Immunities of Diplomatic and Consular Personnel - An Overview Sanderijn Duquet
22. Diplomatic and Consular Immunities - Trends and Challenges Eileen Denza
23. The Immunities of Members of Special Missions Andrew Sanger and Sir Michael Wood
24. Foreign Officials Entitled to (Absolute) Personal Immunity During Their Time in Office Muriel Ubeda-Saillard
25. Functional Immunity of State Officials from the Criminal Jurisdiction of Foreign National Courts Rosanne Van Alebeek
26. Immunities of Foreign Officials from Civil Jurisdiction Chimene I. Keitner
27. Immunities of Civil Servants of International Organizations Christian Walter and Fabian Preger
28. The Immunities of Visiting Forces Aurel Sari
29. Between a Rock and a Hard Place - Immunities of the United Nations and Human Rights Rosa Freedman and Nicolas Lemay-Hebert
30. Immunities and the International Criminal Court Harmen Van Der Wilt
31. Immunities and Jus Cogens Violations Pierre D'argent and Pauline Lesaffre
32. Judicial Review of Qualifications Made by Receiving States and Host States of International Organizations Phillipa Webb
33. Immunity and Terrorism David P. Stewart
34. Immunity, Inviolability and Countermeasures - A Closer Look at Non-UN Targeted Sanctions Tom Ruys