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The Law of State Immunity
Second Edition
Hazel Fox QC
848 pages
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234x156mm
978-0-19-921111-1
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Paperback
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28 August 2008
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This item is printed to order. Items which are printed to order are normally despatched and charged within 5-10 days.
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- A fully revised new edition of this highly regarded and comprehensive guide, providing new analysis of the United Nations Convention on Jurisdictional Immunities of States and their Property
- Contains both conceptual analysis and detailed examination of caselaw and international and domestic laws by a leading practitioner
- Gives detailed comparative coverage of the UK and US domestic legislation
- Considers the relationship between State immunity and human rights conventions
New to this edition - This edition has been completely restructured to examine current international law in light of the United Nations Convention on Jurisdictional Immunities of States and their Property
- Increased coverage of the issues of international crimes and international criminal law, individual criminal responsibility, and universal jurisdiction
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. Still
others argue that even when judgements are made in national courts against other states, the doctrine makes enforcement of these decisions impossible.
This fully restructured new edition addresses all of these issues by reference to the United Nations Convention on Jurisdictional Immunities of States and their Property. 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, Hazel Fox explores both the law as it stands, and what it could and should be in years to come. Readership: Scholars and students of public international law, human rights law, private international law, and comparative law; diplomats,
interested practitioners, government lawyers, judges and NGO officials.
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Hazel Fox QC, Barrister, Grays Inn
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Review(s) from previous edition
"'...oustanding analysis...well written and superbly documented work...a must have for any public or private collection shelving the classics of international legal literature.' - American Society of International Law
"'This in-depth study will be one of the most consulted works on international law. Those who specialize in new areas of international law, whether human rights, environmental law, or international criminal law, should certainly read it....This is a work of rigorous scholarship. As an authoritative monograph , it will be of inestimable value to practitioners. And its careful review of the many theoretical issues will be valuable in helping to fashion the law in many countries...'" - Anthony Aust, International and Comparative Law Quarterly
"'...a timely and much-needed addition to the literature....The Law of State Immunity is not only comprehensive and meticulously researched, but also very well written. For its thoroughness and lucidity, Hazel Fox's treatise is a considerable scholarly achievement...it carefully introduces the reader to the relevant concepts and material, presents them in a logical and coherent fashion and provides thoughtful, balanced analysis....The Law of State Immunity can confidently be regarded as the new classic book on State immunity...'" - Francois Larocque, The Cambridge Law Journal 2002
"'Hazel Fox has long been known as the author of some the most probing scholarship on the relationship between international law and national law. In this substantial new volume, she sets out the most comprehensive and thoughtful analysis to date of a subect that is, as she so clearly demonstrates, no longer onfined wither to immunities or to states....There is a great deal of interest and value in this book, both for scholars and practitioners. For specialists in the topic it will be an indispensable text.'" - Alan Boyle, The Law Review Quarterly
"This is a work of rigorous scholarship. As an authoritative monograph, it will be of inestimable value to practitioners....The book is user-friendly in its detailed list of contents, lavish use of headings, and sub-headings, clear scene-setters for each chapter, regular summaries and a good index....State immunity is a difficult subject for students, teachers, and practitioners of international law, and there has long been need for a good book on it ... practitioners will have already found the book essential for their work, a sign of a book being instantly indispensable." - International and Comparative Law Quarterly
"For its thoroughness and lucidity, Hazel Fox's treatise is a considerable scholarly achievement. The author's expertise on the subject is manifest....The Law of State Immunity can confidently be regarded as the new classic book on State immunity that we have needed, and will likely remain so for many years to come. The author is to be congratulated for this timely and important contribution." - Cambridge Law Journal
"A particular feature of the excellent discussion on whether States enjoy immunity for violations of international law found in the first edition was Lady Fox's consideration of this issue from the perspective of other international doctrines such as the law of jurisdiction and State responsibility...The second edition draws upon this strength and widens the analysis further" - Paul David Mora, Research Assistant, University of Birmingham
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Introduction
Part I: The Structure of State Immunity
1: State Immunity as a Rule of International Law
2: Institution of Proceedings and the Nature of the Plea of State Immunity
Part II: General Concepts in State Immunity
3: The Concept of the State and the Justification for Immunity
4: Theories Relating to State Immunity and the Concept of Jurisdiction
5: Jus Cogens
6: Immunity, Acts of State, and Non-Justiciability
Part III: Sources of the Law of State Immunity
7: Treaty Practice, Projects for Codification, and Municipal Law as Sources
8: The Restrictive Doctrine
9: National Legislation: The US FSIA and UKSIA
10: Other Immunities
Part IV: The Current International Law
11: The Rule of Immunity under the UN Convention
12: Consent of the Foreign State
13: Definition of the State
14: Exceptions to State Immunity
15: Exceptions under the UN Convention
16: Execution and Procedure
Part V: Conclusions
17: Conclusions and Future Models
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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