Download or read book Frolova V Union of Soviet Socialist Republics written by and published by . This book was released on 1983 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Immunity and the Violation of Human Rights written by Jürgen Bröhmer and published by BRILL. This book was released on 2021-09-27 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of international human rights has been one of the most prominent and dynamic areas of public international law in recent decades. At the same time the law of state immunity, albeit less prominent, has also been subjected to a process of dynamic change. The principle of absolute immunity of states from the adjudicatory jurisdiction of foreign states has been replaced by a restrictive concept under which foreign states can be sued under certain circumstances. The violation of fundamental human rights by foreign states is, however, still widely regarded as immunity- protected conduct, be it because such violations must be considered as governmental acts (acta jure imperii) or because the violations were committed outside the territory of the foreign state. Consequently, it is often impossible for the victim of such violations to bring damage proceedings against the foreign state based on municipal (tort) law in a municipal court. The present study attempts to demonstrate that international law does not per se demand that foreign states be granted immunity in such cases. The current state of international immunity law as evidenced by state practice and the work of several international learned bodies is surveyed extensively. It is shown that the granting of immunity may contradict the procedural guarantees of the European Convention of Human Rights. The impact of human rights law on the traditional concept of diplomatic protection is described. The study concludes that a further restriction of the immunity privilege is necessary, and criteria are offered to distinguish between violations of human rights which should remain immunity-protected and violations where the interest of the perpetrating state to remain immune from foreign jurisdiction must yield to the interest of the injured individual to obtain adequate redress.
Download or read book The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law written by Rosanne Van Alebeek and published by OUP Oxford. This book was released on 2008-03-06 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of international human rights law and international criminal law has triggered the question whether states and their officials can still shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved. The Pinochet case was the first case that put this issue in the limelight of international attention. Since then, the question has been put to several domestic and international courts, and has engaged the minds of scholars and politicians around the world. This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international human rights law and international criminal law without the simultaneous development of international institutional enforcement mechanisms had brought the question of the role of national courts in the application of these norms to the fore and has made the question as to the relation between immunity rules and human rights and international criminal law an immediate one. The tension between the centuries old immunity rules and the relatively recent developments in international human rights law and international criminal law presents itself in two distinct forms. In the first place it can be questioned whether immunity rules as such are compatible with certain fundamental rights of individuals under international law such as the rights of access to court, the right to a remedy, or the right to effective protection. Secondly, it can be questioned whether immunity rules apply unabridged in proceedings concerning grave human rights abuses. In its examination of these two questions this book sets out to clearly distinguish the different scope and nature of the rule of state immunity, the rule of functional immunity and the personal immunity of diplomatic agents and heads of state. While strong arguments against certain applications of immunity rules can be derived from international human rights law and international criminal law, this book argues that an unqualified attack on immunity rules risks casting a shadow over all human rights based arguments.
Download or read book Jurisdictional Immunities of States and International Organizations written by Edward Chukwuemeke Okeke and published by Oxford University Press. This book was released on 2018-05-03 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of State immunity. The major aim of this book is to clarify the conceptual confusion that has often marred the understanding of the law of the, different but interrelated, jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. The author intends to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.
Download or read book Military Law Review written by and published by . This book was released on 1999 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Law Reports written by E. Lauterpacht and published by Cambridge University Press. This book was released on 1988 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only publication wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators.
Download or read book Antitrust Law Developments sixth written by Jonathan M. Jacobson and published by American Bar Association. This book was released on 2007 with total page 2036 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of : Antitrust law developments (fifth). c2002.
Download or read book Antitrust Law Developments written by Debra J. Pearlstein and published by American Bar Association. This book was released on 2002 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of : Antitrust law developments (fourth). c1997.
Download or read book Special Defenses in International Antitrust Litigation written by and published by American Bar Association. This book was released on 1995 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Law Reports Volume 85 written by E. Lauterpacht and published by Cambridge University Press. This book was released on 1991 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 4 written by and published by . This book was released on 2011-01-06 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Four of AILC covers procedural issues, including those in foreign proceedings. The volume also covers the Foreign Sovereign Immunities Act. The appellate court in El Paso Corporation v. La Comision Ejecutiva Hidro Electrica del Rio Lempa affirmed the district court's denial of the plaintiff's request for discovery for use in a private international arbitration proceeding. The arbitration was conducted pursuant to the parties' agreement under the United Nations Commission on International Trade Law arbitration rules, El Salvadoran substantive law, and Swiss procedural law. In Muhamed Sacirbey v. Joseph R. Guccione, the issue was whether an arrest warrant issued by a foreign court that no longer has jurisdiction over the accused, nor the power to enforce the warrant, can provide an adequate basis for the extradition of a United States citizen.
Download or read book The International Law Commission 1949 1998 Volume Three Final Draft Articles of the Material written by Arthur Watts and published by Oxford University Press. This book was released on 1999 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains summaries of the Commission's work on various topics and any resulting treaty texts, with notes.
Download or read book The Max Planck Encyclopedia of Public International Law written by Rudiger Wolfrum and published by Oxford University Press, USA. This book was released on 2013-03-28 with total page 1115 pages. Available in PDF, EPUB and Kindle. Book excerpt: This index to the definitive reference work on international law contains detailed references to over 1,600 articles covering the full history and breadth of public international law, as well as other information to facilitate its use, such as tables and citation lists.
Download or read book International Law in the U S Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2015-03-24 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system within the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley covers all of the principal forms of international law: treaties, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic (including decisions and events arising out of the war on terrorism), while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Download or read book TERRORISM INTERNATIONAL CASE LAW REPORTER 2008 Volume II written by Michael Newton and published by . This book was released on 2010-03-25 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism: International Case Law Reporter is an annual collection of the most important cases in security law from around the world. Handpicked and introduced by internationally renowned terrorism scholar Michael Newton and by a distinguished board of experts from around the world, the cases in this series cover topics as diverse as human rights, immigration, freedom of speech, and organizational status. For scholars, students, and practitioners seeking an authoritative and comprehensive resource for research into security law jurisprudence, this unique series serves that specialized purpose like none other on the market. With the 2008 edition of Terrorism: International Case Law Reporter, Oxford introduces detailed headnotes to the series. Professor Michael Newton and his team have provided, for each case, a robust summary and a concise statement of the case's central issues and holding. This edition also adds new topics to the series' purview, including the contentious issue of what legal status enemy combatants possess in U.S. courts and the equally volatile issue of whether agents of a state may be held criminally liable for terrorism when carrying out official duties. General Editor Newton has also added Israel and the Middle East as necessary new regional topics for a series that covers terrorism-related jurisprudence worldwide. Indeed, many of the prominent cases in this year's edition come from non-U.S. courts, including an Argetinian case on state terrorism and crimes against humanity. That case, Velasco, appears in this edition in the only English translation available anywhere.
Download or read book AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 5 written by and published by . This book was released on 2011-01-06 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Five of AILC covers procedural aspects, the Foreign Sovereign Immunities Act and the commercial exception, the Act of State Doctrine, U.S. Sovereign Immunity, and the Alien Tort Claim Act. In Sonia Ghawanmeh v. Islamic Saudi Academy, an issue was whether the Kingdom of Saudi Arabia's operation of the Islamic Saudi Academy constitutes commercial activity under the Foreign Sovereign Immunities Act. An issue in Vishranthamma Swarna v. Badar al-Awadi was whether the individual defendants, by virtue of their diplomatic immunity, or Kuwait, by virtue of its sovereign immunity, are immune from any or all of the plaintiff's claims. The plaintiff brought claims under international law for trafficking, involuntary servitude, enslavement, forced labor, and sexual slavery.
Download or read book Practice of International Litigation Second Edition written by Lawrence W. Newman and published by Juris Publishing, Inc.. This book was released on 2013-12-01 with total page 1400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practice-oriented guide for any lawyer involved in litigation or arbitration in the United States but who faces issues that go beyond its borders. Both international litigation and arbitration are extensively covered in this work. The chapters revolve around the practical problems which face the litigator - service of proceedings, discovery, the obtaining of evidence and enforcement of judgments and awards. In addition, some important topics in substantive law are addressed.
