Download or read book State Practice Regarding State Immunities La Pratique des Etats concernant les Immunit s des Etats written by Council of Europe/Conseil de l'Europe and published by BRILL. This book was released on 2006-06-01 with total page 1067 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of the Council of Europe Pilot Project on State Practice Regarding State Immunities carried out under the auspices of the Committee of Legal Advisers on Public International Law (CAHDI) since 2002. It presents and analyses the material submitted by 27 Member States and one Observer State of the Council of Europe, including decisions of national courts, relevant legislation and other documents. The analytical report was undertaken by the Department of European, International and Comparative Law of the University of Vienna, the British Institute of International and Comparative Law and the Graduate Institute of International Studies, Geneva. It compares State practice with the relevant articles of the UN Convention, the European Convention on State Immunity and the draft articles prepared by academic institutions. It is the first in depth-analysis of European State practice in the field of State immunity. Such a broad analysis is essential, in particular for the ascertainment of customary international law. This book is addressed to officials, practitioners engaged in business relations with foreign States, and academics. Ce livre est le résultat du Projet Pilote du Conseil de l’Europe sur la Pratique des Etats concernant les immunités des Etats réalisé sous les auspices du Comité des Conseillers Juridiques sur le Droit International Public (CAHDI) depuis 2002. Il présente et analyse la documentation fournie par 28 Etats membres et un Etat observateur du Conseil de l’Europe, y compris des décisions des juridictions nationales, la législation pertinente et d’autres documents. Le rapport analytique a été élaboré par le Département de droit européen, international et comparé de l’Université de Vienne, l’Institut britannique de Droit International et Comparé et l’Institut des Hautes Etudes Internationales, Genève. Il compare la pratique des Etats avec les articles pertinents de la Convention des Nations Unies, de la Convention européenne sur l’immunité des Etats et les projets d’articles préparés par les institutions académiques. C’est la première analyse approfondie de la pratique des Etats européens en matière d’immunité des Etats. Une analyse aussi large est indispensable notamment en vue de l’identification du droit international coutumier. Ce livre s’adresse aux fonctionnaires, aux praticiens entretenant des relations d’affaires avec des Etats étrangers, et aux universitaires.

Download or read book The Law of State Immunity written by Hazel Fox and published by Oxford University Press, USA. This book was released on 2015 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and updated to include recent developments since 2013, the third edition of The Law of State Immunity provides a detailed guide to the operation of the international rule of State immunity which bars one State's national courts from exercising criminal or civil jurisdiction over claims made against another State. Building on the analysis of its two previous editions, it reviews relevant material at both international and national levels with particular attention to US and UK law; the 2004 UN Convention on Jurisdictional Immunities of the State and its Property (not yet in force), and also seeks to assess the significance of recent changes in the evolution of the law. Although the restrictive doctrine of immunity is now widely observed by which foreign States may be sued in national courts for their commercial transactions, the immunity rule remains controversial, not only by reason of the recognition of a single State's right to deny a remedy for a wrong - China, a major trading State, continues to adhere to the absolute bar - but also by the exclusion of any reparation or relief for the commission on the orders of a State of grave human rights violations. The complexity and moral challenge of the issues is illustrated by high profile cases such as Pinochet, Amerada Hess, Saudi Arabia v Nelson and more recently NML v Argentina in national courts; Al-Adsani v UK and Jones v UK in the European Court of Human Rights; and Judgments of the International Court of Justice in Arrest Warrant, Djibouti v France and most recently in the Jurisdictional Immunities of the State, which, particularly since the 2014 contrary ruling of the Italian Constitutional Court, has attracted strong juristic criticism. The expanding extraterritorial jurisdiction of national courts with regard to torture in disregard of pleas of act of State and nonjusticiability as in Belhaj and Rahmatullah offers a further challenge to the exclusionary nature and continued observance of State immunity. Recent developments in key areas are examined, including: impleading; public policy and non-justiciability; universal civil jurisdiction for reparation for international crimes; the application of the employment exception to embassies and diplomats; immunity from enforcement and procedural measures; immunity of State officials, and tensions between national constitutional requirements and superior international norms.

Download or read book The United Nations Convention on Jurisdictional Immunities of States and Their Property A Commentary written by Roger O'Keefe and published by OUP Oxford. This book was released on 2013-03-21 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: State immunity, the idea that a state, including its individual organs, officials and other emanations, may not be proceeded against in the courts of another state in certain instances, has long been and remains a source of international controversy. Although customary international law no longer recognizes the absolute immunity of states from foreign judicial process, the evolution of the contemporary notion of restrictive state immunity over the past fifty years has been an uncoordinated and contested process, leading to disputes between states. The adoption, in 2004, of the United Nations Convention on Jurisdictional Immunities of States and Their Property has significantly contributed to reaching consensus among states on this fundamental question of international law. This book provides article-by-article commentary on the text of the Convention, complemented by a small number of cross-cutting chapters highlighting general issues beyond the scope of any single provision, such as the theoretical underpinnings of state immunity, the distinction between immunity from suit and immunity from execution, the process leading to the adoption of the Convention, and the general understanding that the Convention does not extend to criminal matters. It presents a systematic analysis of the Convention, taking into account its drafting history, relevant state practice (including the considerable number of national statutes and judicial decisions on state immunity), and any international judicial or arbitral decisions on point.

Download or read book Immunities in the Age of Global Constitutionalism written by Anne Peters and published by Martinus Nijhoff Publishers. This book was released on 2015-01-27 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’. Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.

Download or read book The Reception of International Law in the European Court of Human Rights written by Magdalena Forowicz and published by . This book was released on 2010 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing number of international courts and tribunals and their bourgeoning case law have fuelled concerns about the fragmentation of international law. This arises as a consequence of both the specialized regimes these courts create and the multiple ways in which they may interpret international law emanating from other sources. This book considers this issue by examining the busiest and arguably most successful international court, the European Court of Human Rights. More specifically, it focuses on the jurisprudence of the Court and its predecessor, the European Commission of Human Rights, covering a range of special human rights regimes, treaty law, and the case law of the International Court of Justice. The author assesses whether the Court has been able to adopt a coherent, comprehensive approach to the interpretation and evaluation of international law and thus the extent to which it has been able to contribute to the development and coherence of international law.

Download or read book International Law written by Jan Wouters and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook offers for the first time a comprehensive analysis of the classic doctrines and main areas of international law from a European perspective, meeting the needs of the many European law schools teaching public international law in English. Special attention is devoted to the practice of the European Union, the Council of Europe and European States – both civil law and common law countries – with regard to international law. In particular the book analyses the interplay between international law, EU law and national law in the case law of the Court of Justice of the EU, the European Court of Human Rights and national jurisdictions in Europe. It provides the reader with insights into how the international legal practice of the EU and its Member States impacts the development of international law, both in terms of doctrines such as treaty-making and customary law, the exercise of (extraterritorial) jurisdiction, state responsibility and the settlement of disputes, as well as particular sub-fields of international law, such as human rights law and international economic law. In addition the book covers other important areas such as the use of force and collective security, the law of armed conflict, and global and regional international organisations. It provides European perspectives on all these issues and will be of great value to students, scholars and practitioners.

Download or read book The ICSID Convention written by Christoph Schreuer (juriste) and published by Cambridge University Press. This book was released on 2009 with total page 1599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).

Download or read book International Law between Universalism and Fragmentation written by Isabelle Buffard and published by BRILL. This book was released on 2009-02-28 with total page 1131 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.

Download or read book The ICSID Convention written by Christoph H. Schreuer and published by Cambridge University Press. This book was released on 2009-07-23 with total page 1599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique compendium offers an article-by-article commentary to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor–host State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention and academic writings on the subject. The first edition of this work has been relied upon by numerous arbitral tribunals. This second edition follows the same system and approach, but extensive updates reflect the vast increase in arbitral practice since the publication of the first edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention.

Download or read book Status of Forces Criminal Jurisdiction over Military Personnel Abroad written by Joop Voetelink and published by Springer. This book was released on 2015-04-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings into focus the legal status of armed forced on foreign territory within, inter alia, the context of multi-national exercises and a variety of so-called crisis management operations. When it comes to criminal offences committed by military personnel while abroad it is important to know whether such offences fall under the criminal jurisdiction of the Sending State or that of the Host State. The book analyses this question from two different perspectives, namely traditional public international law and military operational law. Taking his readership through two hundred years of international practice the author arrives at the current practice of laying down the status of forces deployed abroad in so-called Status of Forces Agreements (SOFAs). Having looked at SOFAs from the two different law perspectives the author proposes the development of a “Status of Forces Compendium” to serve as a kind of guideline for future SOFAs. The author’s intention in proposing this idea is to instigate further discussion on the subject in public international law and criminal law circles and among armed forces’ legal advisors. Joop Voetelink is an Associate Professor of Military Law at the Netherlands Defence Academy.

Download or read book Law of International Trade in the Region of the Caucasus Central Asia and Russia written by Alexander Trunk and published by BRILL. This book was released on 2022-12-12 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gives a first-time structured overview of trade-related aspects of international economic law and comparative commercial law, including dispute resolution, in the Eurasian region. It is focused on the countries in the Caucasus, Central Asia, as well as Russia.

Download or read book The United Nations Convention on Jurisdictional Immunities of States and Their Property written by Roger O'Keefe and published by OUP Oxford. This book was released on 2013-03-21 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: State immunity, the idea that a state, including its individual organs, officials and other emanations, may not be proceeded against in the courts of another state in certain instances, has long been and remains a source of international controversy. Although customary international law no longer recognizes the absolute immunity of states from foreign judicial process, the evolution of the contemporary notion of restrictive state immunity over the past fifty years has been an uncoordinated and contested process, leading to disputes between states. The adoption, in 2004, of the United Nations Convention on Jurisdictional Immunities of States and Their Property has significantly contributed to reaching consensus among states on this fundamental question of international law. This book provides article-by-article commentary on the text of the Convention, complemented by a small number of cross-cutting chapters highlighting general issues beyond the scope of any single provision, such as the theoretical underpinnings of state immunity, the distinction between immunity from suit and immunity from execution, the process leading to the adoption of the Convention, and the general understanding that the Convention does not extend to criminal matters. It presents a systematic analysis of the Convention, taking into account its drafting history, relevant state practice (including the considerable number of national statutes and judicial decisions on state immunity), and any international judicial or arbitral decisions on point.

Download or read book The International Legal Order in the XXIst Century L ordre juridique international au XXIeme si cle El rden jur dico internacional en el siglo XXI written by Jorge E. Viñuales and published by BRILL. This book was released on 2023-11-13 with total page 1083 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays celebrating the work of Professor Marcelo Kohen brings together the leading scholars and practitioners of public international law from different continents and generations to explore some of the most challenging issues of contemporary international law. The volume is a testimony of esteem and friendship from colleagues and former students, and it covers a vast expanse, reflecting the width and diversity of Professor Kohen’s own contribution. Written in English, French and Spanish, the essays in this volume will appeal to a broad public of academics, practitioners and students of international law from around the world.

Download or read book Explanatory Reports on the European Convention on State Immunity and the Additional Protocol written by Council of Europe and published by Strasbourg : Council of Europe. This book was released on 1972 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Agency written by and published by Martinus Nijhoff Publishers. This book was released on 1985-02 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Download or read book Hague Yearbook of International Law Annuaire de La Haye de Droit International Vol 25 2012 written by Nikolaos Lavranos and published by Martinus Nijhoff Publishers. This book was released on 2017-06-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The title of the Hague Yearbook of International Law reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Yearbook’s aim of devoting attention to developments taking place in the international law institutions based in The Hague. However, the Yearbook has a broader scope as well: to offer a platform for review of new developments in the field of international law. As of the 2010 Volume, the Yearbook has been compiled by a new and expanded Editorial Board, offering fresh ideas and a new approach. A newly established Advisory Board has also been added, including ICJ Judge Bruno Simma, Serge Brammertz, Prosecutor of the International Criminal Tribunal for the Former Yugoslavia (ICTY), Jacomijn J. van Haersolte-van Hof, advocate (advocaat) at HaersolteHof and arbitrator (The Netherlands) and Professor Peter Hilpold, Innsbruck University (Austria). Sections have been created on public international law, private international law, international investment law and international criminal law, containing in-depth articles on current issues. The breadth of the Yearbook’s content thus offers an interesting and valuable illustration of the dynamic developments in the various sub-areas of international law.

Download or read book Immunities of Special Missions Immunit s des missions sp ciales written by Council of Europe and published by BRILL. This book was released on 2019-03-25 with total page 713 pages. Available in PDF, EPUB and Kindle. Book excerpt: Special missions play an increasing and crucial role in international diplomacy and yet the international law governing them remains to some extent uncertain. This book is based on the responses of States to the questionnaire of the Council of Europe Committee of Legal Advisers on Public International Law (CAHDI) on 'Immunities of special missions', considered against the background of the 1969 United Nations Convention on Special Missions, key judicial decisions and national legislation on special mission immunity, government statements, and other state practice and evidence of opinio juris . The book presents and analyses the international law and practice governing special missions, while identifying remaining areas of uncertainty. This volume contains an up-to-date analysis of the law and practice of special missions, based on information from a wide range of States. It aims to provide a practical guide on this issue for governments, judges, practitioners, academics and students alike. Immunités des missions spéciales Les missions spéciales jouent un rôle croissant et crucial sur la scène diplomatique internationale et pourtant, le droit international qui les régit reste dans une certaine mesure incertain. Ce livre s'appuie sur les réponses des Etats au questionnaire du Comité des conseillers juridiques sur le droit international public (CAHDI) du Conseil de l'Europe sur les « immunités des missions spéciales », à la lumière de la Convention des Nations Unies sur les missions spéciales de 1969, de la législation nationale et de la jurisprudence sur l'immunité des missions spéciales, des déclarations gouvernementales et d'autres pratiques étatiques et la preuve de l' opinio juris . L'ouvrage présente et analyse le droit international et la pratique régissant les missions spéciales, tout en identifiant les domaines où des incertitudes subsistent. Ce volume contient une analyse à jour de la législation et de la pratique relatives aux missions spéciales, basée sur des informations provenant de nombreux Etats. Il vise à fournir un guide pratique sur cette question pour les gouvernements, les juges, les praticiens, les universitaires et les étudiants.