International Law

State Immunity in International Law

By Xiaodong Yang
Cambridge University Press September 2012

Specifications

ISBN-13
9780521844017
Publisher
Cambridge University Press
Publication
September 2012
Format
Hardback , 872 pages
Jurisdiction
U.S. ? Countri(es) for reference only

Details

The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.

• Exhaustive and up-to-date analysis of case law of various countries and literature makes this book useful for practitioners around the world • Devotes special attention to doctrine and general principles • Chapters form independent sections focusing on separate issues

Table of Contents

Introduction; 1. The history of state immunity; 2. General principles; 3. Commercial activity; 4. Contracts of employment; 5. Non-commercial torts; 6. Separate entities; 7. Expropriation; 8. Waiver of immunity; 9. Measures of constraint; 10. State immunity and human rights violations; 11. The genesis of the UN convention; General conclusions.

About the Author

Xiaodong Yang
CTBTO Preparatory Commission

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