Download or read book The Foreign Sovereign Immunities Act Deskbook written by Ernesto J. Sanchez and published by American Bar Association. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the rise of globalization, the contracts between private parties and foreign governments have inevitably increased cross-border legal disputes, making the FSIA a significant component of U.S. international dispute resolution practice. Foreign sovereign immunity issues are important to today's topical issues including the world-wide oil and natural gas industry, and the financial services industry.

Download or read book State Immunity in International Law written by Xiaodong Yang and published by Cambridge University Press. This book was released on 2012-09-27 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

Download or read book The State Immunity Controversy in International Law written by Ernest K. Bankas and published by Springer Science & Business Media. This book was released on 2005-06-30 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.

Download or read book The Law of State Immunity written by Hazel Fox and published by OUP Oxford. This book was released on 2013-08-29 with total page 3290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. 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, the authors explore both the law as it stands, and what it could and should be in years to come.

Download or read book Samantar V Yousef written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2011 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. On June 1, 2010, the U.S. Supreme Court decided in Samantar v. Yousef that the Foreign Sovereign Immunities Act (FSIA), which governs the immunity of foreign states in U.S. courts, does not apply in suits against foreign officials. The ruling clarifies that officials of foreign governments, whether present or former, are not entitled to invoke the FSIA as a shield, unless the foreign state is the real party in interest in the case. The ruling leaves open the possibility that foreign officials have recourse to other sources of immunity or other defenses to jurisdiction or the merits of a lawsuit. Contents: Introduction; The FSIA; Circuit Split on Foreign Official Immunity; ¿Samantar v. Yousef¿; The FSIA: Post ¿Samantar¿; Options for Official Immunity Following ¿Samantar¿.

Download or read book Foreign Sovereign Immunities Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations and published by . This book was released on 1987 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The United Nations Convention on Jurisdictional Immunities of States and Their Property written by Roger O'Keefe and published by Oxford University Press. This book was released on 2013-03-21 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing article-by-article commentary on this crucial convention and a number of cross-cutting analytical chapters, this book will be highly useful for anyone working in general international law and state responsibility. Each article's commentary draws on its drafting history, state practice, and relevant national and international case law.

Download or read book The International Law of Sovereign Immunity written by Joseph M. Sweeney and published by . This book was released on 1964 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book State and Diplomatic Immunity written by Charles James Lewis and published by L L P. This book was released on 1980 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Immunity of International Organizations written by and published by BRILL. This book was released on 2015-08-31 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immunity rules are part and parcel of the law of international organizations. It has long been accepted that international organizations and their staff need to enjoy immunity from the jurisdiction of national courts. However, it is the application of these rules in practice that increasingly causes controversy. Claims against international organizations are brought before national courts by those who allegedly suffer from their activities. These can be both natural and legal persons such as companies. National courts, in particular lower courts, have often been less willing to recognize the immunity of the organization concerned than the organization’s founding fathers. Likewise, public opinion and legal writings frequently criticize international organizations for invoking their immunity and for the lack of adequate means of redress for claimants. It is against this background that an international conference was organized at Leiden University in June 2013. A number of highly qualified academics and practitioners gave presentations and prepared written contributions that are collected in this book. This book is published to celebrate the 10th anniversary of the International Organizations Law Review, in which these contributions have also been published (Vol. 10, issue 2, 2014).

Download or read book Foreign State Immunity and Arbitration written by Dhisadee Chamlongrasdr and published by Cameron May. This book was released on 2007 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In State Immunity and Arbitration the author explores the limits of the concept of State Immunity as it relates to both jurisdiction and execution against state property in arbitration cases. The current scope of state immunity from jurisdiction is examined with reference to legislative and jurisprudential developments in the US and UK where the author finds evidence of a definite shift away from the traditional restrictive theory of state immunity. A similar survey of state practice relating to waiver, both express and implied, of immunity from jurisdiction and the relevant rules of arbitration institutions such as the ICC also illustrate a trend towards shrinking immunity.

Download or read book Maritime Law and the U S Foreign Sovereign Immunities Act written by Christopher G. Oechsli and published by . This book was released on 1990 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Foreign Sovereign Immunity Act and Its Practice written by Shiao-ming Shen and published by . This book was released on 1987* with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Foreign Sovereign Immunities Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice and published by . This book was released on 1996 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Immunities of Foreign States written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Claims and Governmental Relations and published by . This book was released on 1973 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book State Immunity in International Law written by Xiaodong Yang and published by Cambridge University Press. This book was released on 2012-09-27 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.

Download or read book Foreign Sovereign Immunities Act 2016 Edition Notepad Edition written by Renvoi Press and published by Createspace Independent Publishing Platform. This book was released on 2016-05-18 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise printed edition of the Foreign Sovereign Immunities Act. This is a handy reference guide for law students, attorneys, or others who simply need to refer to the law. The Notepad Edition is ideal for someone that wants to take notes in the reference guide. The margins are wider and extra space is added within the text. Contents include: 28 U.S. Code § 1330 28 U.S. Code § 1332 28 U.S. Code § 1391(f) 28 U.S. Code § 1441(d) 28 U.S. Code § 1602 28 U.S. Code § 1603 28 U.S. Code § 1604 28 U.S. Code § 1605 28 U.S. Code § 1605A 28 U.S. Code § 1606 28 U.S. Code § 1607 28 U.S. Code § 1608 28 U.S. Code § 1609 28 U.S. Code § 1610 28 U.S. Code § 1611