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The Cambridge Handbook of Immunities and International Law

The Cambridge Handbook of Immunities and International Law

Author: Tom Ruys; Nicolas Angelet; Luca Ferro
Publisher: Cambridge University Press
ISBN: 9781108417884
Published In: May 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike.

Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent - and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law.

Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.

1. Introduction - International Immunities in a State of Flux? Tom Ruys, Nicolas Angelet and Luca Ferro

2. The Restrictive Rule of State Immunity - The 1970s Enactment and its Contemporary Status Lady Hazel Fox

3. The Sources of Immunity Law - Between International and Domestic Law Lori Fisler Damrosch

4. Divergent Views on State Immunity in the International Community Wenhua Shan and Peng Wang

5. Immunity and the Exercise of Jurisdiction - Indirect Impleading and Exequatur Nicolas Angelet

6. Jurisdictional Immunity of States and General International Law - Explaining the Jus Gestionis V. Jus Imperii Divide Alexander Orakhelashvili

7. Jurisdictional Immunity of States - Commercial Transactions Yas Banifatemi

8. Jurisdictional Immunity of States and Non-Commercial Torts Sally El Sawah

9. Waivers of Jurisdictional Immunity Catherine Amirfar

10. Jurisdictional Immunities of International Organizations - Origins, Fundamentals and Challenges Niels Blokker

11. Immunities of the United Nations and Specialized Agencies Kristen E. Boon

12. Jurisdictional Immunity of Regional Organizations - Substantive Unity in Instrumental Diversity? Ramses A. Wessel

13. The Material Scope of State Immunity from Execution Jean-Marc Thouvenin and Victor Grandaubert

14. Immunity from Execution of Central Bank Assets Ingrid Wuerth

15. Immunity from Execution and Diplomatic Property Cedric Ryngaert

16. Immunity from Execution of Military and Cultural Property Matthew Happold

17. Measures of Constraint and the Immunity of International Organizations Eric De Brabandere

18. Enforcing Sovereign Arbitral Awards - State Defences and Creditor Strategies in an 1. Imperfect World Mark A. Cymrot

19. Immunity from Execution and Domestic Procedural Rules - Preventive Control, Burden of Proof and Discovery Mathias Audit, Nicolas Angelet and Maria-Clara Van Den Bossche

20. Waivers of Immunity from Execution Frederic Dopagne

21. Immunities of Diplomatic and Consular Personnel - An Overview Sanderijn Duquet

22. Diplomatic and Consular Immunities - Trends and Challenges Eileen Denza

23. The Immunities of Members of Special Missions Andrew Sanger and Sir Michael Wood

24. Foreign Officials Entitled to (Absolute) Personal Immunity During Their Time in Office Muriel Ubeda-Saillard

25. Functional Immunity of State Officials from the Criminal Jurisdiction of Foreign National Courts Rosanne Van Alebeek

26. Immunities of Foreign Officials from Civil Jurisdiction Chimene I. Keitner

27. Immunities of Civil Servants of International Organizations Christian Walter and Fabian Preger

28. The Immunities of Visiting Forces Aurel Sari

29. Between a Rock and a Hard Place - Immunities of the United Nations and Human Rights Rosa Freedman and Nicolas Lemay-Hebert

30. Immunities and the International Criminal Court Harmen Van Der Wilt

31. Immunities and Jus Cogens Violations Pierre D'argent and Pauline Lesaffre

32. Judicial Review of Qualifications Made by Receiving States and Host States of International Organizations Phillipa Webb

33. Immunity and Terrorism David P. Stewart

34. Immunity, Inviolability and Countermeasures - A Closer Look at Non-UN Targeted Sanctions Tom Ruys

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