Download or read book Research Handbook on Jurisdiction and Immunities in International Law written by Alexander Orakhelashvili and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state’s citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.
Download or read book The Cambridge Handbook of Immunities and International Law written by Tom Ruys and published by Cambridge University Press. This book was released on 2019-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 The Oxford Handbook of Jurisdiction in International Law written by Stephen Allen and published by Oxford University Press. This book was released on 2019-09-17 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.
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 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between the jurisdictional immunities of states and international organizations, in an attempt to bring clarity and predictability to the law of international immunities. Embracing a holistic approach, this book charts the history, purpose, scope, competing norms, and exceptions and waivers for the jurisdictional immunities related to states and then international organizations, respectively. Finally, it focuses on the relationship between the two areas analyzing in detail the differences and commonalities between the two.
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Download or read book The Handbook of the Law of Visiting Forces written by Dieter Fleck and published by Oxford University Press. This book was released on 2018 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal position of visiting forces transcends domestic and international law and is of growing importance in our increasingly globalized and insecure world. 'In area' and 'out of area' operations, both for the purpose of establishing and maintaining peace and in connection with the conduct of other military operations and training, are likely to become more frequent for a variety of reasons. Finding where the applicable law places the balance between the interests, sensitivities and needs of the host state and the requirements, often practical in nature, of the visiting force is a key objective in ensuring that the relationship between hosts and 'guests' is and remains harmonious. All of this must be achieved in an increasingly complex legal environment. This fully updated second edition of The Handbook of the Law of Visiting Forces addresses the issues surrounding visiting forces and provides a full overview of the legal framework in which they operate. Through an analysis of jurisprudence and historical developments, it offers a comparative commentary to the UN, NATO, and other SOFA rules. The Handbook then continues its analysis through cases studies of visiting forces in key countries, including a fully updated chapter on Afghanistan that considers the various stages of the conflict, before offering conclusions on the current state of the law and its likely future development.
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 International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Download or read book The Oxford Handbook of International Human Rights Law written by Dinah Shelton and published by . This book was released on 2013-09 with total page 1077 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.
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 Research Handbook on Torture written by Malcolm D. Evans and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.
Download or read book International Law written by Jan Klabbers and published by Cambridge University Press. This book was released on 2020-12-10 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clear and concise: a landmark publication in the teaching of international law from one of the world's leading international lawyers.
Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Download or read book Handbook of International Law written by Anthony Aust and published by Cambridge University Press. This book was released on 2005-10-27 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise account of international law by an experienced practitioner, this book explains how states and international organisations, especially the United Nations, make and use international law. The nature of international law and its fundamental concepts and principles are described. The difference and relationship between various areas of international law which are often misunderstood (such as diplomatic and state immunity, and human rights and international humanitarian law) are clearly explained. The essence of new specialist areas of international law, relating to the environment, human rights and terrorism are discussed. Aust's clear and accessible style makes the subject understandable to non-international lawyers, non-lawyers and students. Abundant references are provided to sources and other materials, including authoritative and useful websites.
Download or read book Research Handbook on the Law of International Organizations written by Jan Klabbers and published by Edward Elgar Publishing. This book was released on 2011-05 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering Research Handbook with contributions from renowned experts, provides an overview of the general doctrines making up the law of international organizations.The approach of this book is taken from a novel perspective: that of the tension between functionalism and constitutionalism. In doing so, this Handbook presents not only practically relevant information, but also provides a tool for understanding the ways in which internationalorganizations work. It has separate chapters on specific 'constitutional' topics and on two specific organizations: the EU and the UN. Research Handbook on the Law of international Organizations will be of particular interest to academics and graduate students in the fields ofinternational law, international politics and international relations.
Download or read book Diplomatic Law written by Eileen Denza and published by Oxford University Press. This book was released on 2016 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.
