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State Immunity
Selected Materials and Commentary
Andrew Dickinson, Rae Lindsay, James P. Loonam, and Clifford Chance LLP
632 pages
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234x156mm
978-0-19-924326-6
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Cloth
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25 March 2004
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This item is printed to order and supplied on a firm sale basis. Items which are printed to order are normally despatched and charged within 5-10 days.
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- Hot topic in the wake of the Pinochet case and the question of his immunity from jurisdiction
- Clifford Chance has the largest and most prestigious international law practice of any solicitors' firm in the world
- Provides detailed annotation and commentary from an expert team
The past 30 years have seen important legal developments in relation to the immunities and privileges enjoyed by the subjects of international law, not least the enactment in several jurisdictions of detailed legislation on these issues and important decisions of international and domestic courts. At the heart of these developments, claims by States and other persons acting under their authority to immunities and privileges before courts and tribunals are a continuing source of controversy (as evidenced, for example, by the decisions in Pinochet and Al-Adsani).
The editors have collected key materials, including international
agreements and domestic legislation, concerning the immunities of states, governmental bodies, state owned entities and agents. Focusing on the pioneering legislation in the United Kingdom and the United States of America, this volume will provide detailed commentary on the application of immunities and privileges as well their practical significance for practitioners in both jurisdictions.Readership: Scholars, practitioners, and students of international law, diplomatic law and criminal law.
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Andrew Dickinson, Consultant to Clifford Chance LLP, Rae Lindsay, Partner at Clifford Chance U.S. LLP, James P. Loonam, Associate at Clifford Chance U.S. LLP, and Clifford Chance LLP
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"any practising lawyer ... who is faced with a state immunity case yet fails to consult this splendid book fails to do so at his or her peril." - Sir Robert Jennings, QC, formerly Whewell Professor of International Law at Cambridge, and formerly Judge and President of the International Court of Justice in The Hague
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ForewordSir Robert Jennings QC:
Preface
The Authors
Acknowledgements
Abbreviations
Table of Cases
Table of Legislation
Part 1: Treaties
Brussels Convention for the Unification of Certain Rules relating to the Immunity of State Owned Vessels 1926 and 1934 Protocol
European Convention on State Immunity 1972, Additional Protocol and Explanatory Memoranda
(Rome) Statute of the International Criminal Court, Arts. 5-13, 27, and 98
Part 2: Other International Instruments
ILC Draft Articles on the Jurisdictional Immunities of States and their Property 1991 (with Official Commentary)
Report of the United Nations' Ad Hoc Committee on Jurisdictional Immunities of States and their Property ( with Updated Draft Articles and Understandings)
Draft Articles of the International Law Association on State Immunity
Draft Convention of the Organisation of American States on State Immunity
Resolution of the Institut de Droit International on State Immunity
Resolution of the Institut de Droit International on the Immunities from Jurisdiction and Execution Execution of heads of State and Government
Part 3: United States of America
Foreign Sovereign Immunities Act 1976 (28 U.S.C. 1330, 1441 (d), 1391 (f), and 1602-1611, with Commentary)
Part 4: United Kingdom
State Immunity Act 1978 (with Commentary)
State Immunity Bill and Explanatory Memorandum
Part 5: Other National Legislation
Argentina: La ley 24.488 - Immunidad Jurisdiccional de los Estados Extreanjeros ante los Tribunales Argentinos 1995 (Spanish, with Unofficial Translation)
Australia: Foreign States Immunities Act 1985
Canada: Sovereign Immunity Act 1982
Pakistan: State Immunity Ordinance 1981
Singapore: State Immunity Act 1979
South Africa: Foreign States Immunities Act 1987
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