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State Immunity and International Investment Law

State Immunity and International Investment Law

Name: State Immunity and International Investment Law
Brand: Springer-Verlag
SKU: 9789811927782
Price: 1462.00 HKD
Availability: InStock
Author: Zixin Meng
ISBN: 9789811927782

By Zixin Meng

Springer-Verlag July 2022

Specifications

ISBN-13: 9789811927782
Publisher: Springer-Verlag
Publication: July 2022
Format: Hardback
Jurisdiction: Singapore ? Countri(es) for reference only

Details

The book provides a sophisticated analysis of state immunity from an enforcement perspective. It covers all relevant legal techniques of enforcing an arbitral award against a sovereign state. Besides tackling the plea of state immunity through the courts, this book also covers notable non-judicial remedial measures which may aid the aggrieved investors in satisfying their claims against state parties to a dispute. These measures may be used either to enhance the effectiveness of judicial remedies or as stand-alone remedies when legal measures seem (or prove to be) ineffective. After having identified problems arising from a lack of universal agreement on state immunity and the diversity and, more dishearteningly, the inadequacy of forms of enforcement available to an aggrieved claimant, this book proposes a new approach to solve state immunity issues. The international community must work towards the setting up of a central enforcement agency, a functional model of enforcement.

Acknowledgements

List of Abbreviations

Part I. A General Statement of Principles

Introduction

An Appraisal of State Immunity

State Immunity and Its Enforcement

Part II. Investment Practice of State Immunity

Jurisdiction Versus Execution

Conditions for Enforcement

Conservatory Measures

State Property Immune from Execution

Existing Remedies of State Immunity