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The Commercial Activity Exception to State Immunity: An Introduction

The Commercial Activity Exception to State Immunity: An Introduction

Author: Katherine Reece Thomas
Publisher: Edward Elgar Publishing
ISBN: 9781803923451
Published In: March 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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In this insightful book, Katherine Reece Thomas explores the constantly evolving nature of state immunity, providing a nuanced analysis of the tension between private and public law. The current rules on the commercial activity exception to state immunity are examined, in both international and domestic law settings, using recent case studies from key jurisdictions including the UK and the US.

Questioning when a state can be sued in a domestic court if it engages in commercial activities, Reece Thomas reveals how a restrictive rather than an absolute doctrine has been adopted and explores the ways in which states allow commercial activity to override state immunity. The implications of this, and of how commercial activity can therefore be defined, are explored through the contexts not only of corporate law but also of central bank sanctions, human rights, employment, and crime, using recent examples from Afghanistan as well as Russia’s invasion of Ukraine. Further questions regarding immunity are posed by a crucial discussion on enforcement against state assets.

Comprehensive yet concise, this authoritative work includes consideration of a range of contexts and implications for the commercial activity exception. It provides a valuable resource for students, researchers and practitioners in international commercial law and public international law, as well as in international relations.

State immunity and its role today

Distinguishing sovereign and non-sovereign acts

Adjudicative jurisdiction and the commercial activity exception to immunity 1

Adjudicative jurisdiction and the commercial activity exception to immunity 2

Enforcing against a state

Defining a “state” and the role of the commercial activity exception

Immunity issues and frozen state assets – lessons for Afghanistan and Russia?

Non-commercial applications of the commercial activity exception

Annex: Italian developments