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The Law of State Immunity, 2nd Edition

The Law of State Immunity, 2nd Edition

Name: The Law of State Immunity, 2nd Edition
Brand: Oxford University Press
SKU: 9780199211104
Price: 1891.50 HKD
Availability: OutOfStock
Author: Hazel Fox QC
ISBN: 9780199211104

By Hazel Fox QC

Oxford University Press August 2008

Specifications

ISBN-13: 9780199211104
Publisher: Oxford University Press
Publication: August 2008
Format: Hardback , 848 pages
Jurisdiction: International ? Countri(es) for reference only

Details

A fully revised new edition of this highly regarded and comprehensive guide, providing new analysis of the United Nations Convention on Jurisdictional Immunities of States and their Property
Contains both conceptual analysis and detailed examination of caselaw and international and domestic laws by a leading practitioner
Gives detailed comparative coverage of the UK and US domestic legislation
Considers the relationship between State immunity and human rights conventions

New to this edition

This edition has been completely restructured to examine current international law in light of the United Nations Convention on Jurisdictional Immunities of States and their Property
Increased coverage of the issues of international crimes and international criminal law, individual criminal responsibility, and universal jurisdiction

The doctrine of State immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for State violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Still others argue that even when judgements are made in national courts against other states, the doctrine makes enforcement of these decisions impossible.

This fully restructured new edition addresses all of these issues by reference to the United Nations Convention on Jurisdictional Immunities of States and their Property. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, Hazel Fox explores both the law as it stands, and what it could and should be in years to come.

Introduction
Part I: The Structure of State Immunity
1: State Immunity as a Rule of International Law
2: Institution of Proceedings and the Nature of the Plea of State Immunity
Part II: General Concepts in State Immunity
3: The Concept of the State and the Justification for Immunity
4: Theories Relating to State Immunity and the Concept of Jurisdiction
5: Jus Cogens
6: Immunity, Acts of State, and Non-Justiciability
Part III: Sources of the Law of State Immunity
7: Treaty Practice, Projects for Codification, and Municipal Law as Sources
8: The Restrictive Doctrine
9: National Legislation: The US FSIA and UKSIA
10: Other Immunities
Part IV: The Current International Law
11: The Rule of Immunity under the UN Convention
12: Consent of the Foreign State
13: Definition of the State
14: Exceptions to State Immunity
15: Exceptions under the UN Convention
16: Execution and Procedure
Part V: Conclusions
17: Conclusions and Future Models

About the Author

Hazel Fox QC, Barrister, Grays Inn

Reviews

Review(s) from previous edition

"'...oustanding analysis...well written and superbly documented work...a must have for any public or private collection shelving the classics of international legal literature.' - American Society of International Law

"'This in-depth study will be one of the most consulted works on international law. Those who specialize in new areas of international law, whether human rights, environmental law, or international criminal law, should certainly read it....This is a work of rigorous scholarship. As an authoritative monograph , it will be of inestimable value to practitioners. And its careful review of the many theoretical issues will be valuable in helping to fashion the law in many countries...'" - Anthony Aust, International and Comparative Law Quarterly

"'...a timely and much-needed addition to the literature....The Law of State Immunity is not only comprehensive and meticulously researched, but also very well written. For its thoroughness and lucidity, Hazel Fox's treatise is a considerable scholarly achievement...it carefully introduces the reader to the relevant concepts and material, presents them in a logical and coherent fashion and provides thoughtful, balanced analysis....The Law of State Immunity can confidently be regarded as the new classic book on State immunity...'" - Francois Larocque, The Cambridge Law Journal 2002

"'Hazel Fox has long been known as the author of some the most probing scholarship on the relationship between international law and national law. In this substantial new volume, she sets out the most comprehensive and thoughtful analysis to date of a subect that is, as she so clearly demonstrates, no longer onfined wither to immunities or to states....There is a great deal of interest and value in this book, both for scholars and practitioners. For specialists in the topic it will be an indispensable text.'" - Alan Boyle, The Law Review Quarterly

"This is a work of rigorous scholarship. As an authoritative monograph, it will be of inestimable value to practitioners....The book is user-friendly in its detailed list of contents, lavish use of headings, and sub-headings, clear scene-setters for each chapter, regular summaries and a good index....State immunity is a difficult subject for students, teachers, and practitioners of international law, and there has long been need for a good book on it ... practitioners will have already found the book essential for their work, a sign of a book being instantly indispensable." - International and Comparative Law Quarterly

"For its thoroughness and lucidity, Hazel Fox's treatise is a considerable scholarly achievement. The author's expertise on the subject is manifest....The Law of State Immunity can confidently be regarded as the new classic book on State immunity that we have needed, and will likely remain so for many years to come. The author is to be congratulated for this timely and important contribution." -Cambridge Law Journal

"A particular feature of this excellent discussion on whether States enjoy immunity for violations of international law found in the first edition was Lady Fox's consideration of this issue from the perspective of other international doctrines such as the law of jurisdiction and state responsibility...The second edition draws upon this strength and widens the analysis further" - Paul David Mora, Research Assistant, University of Birmingham

"...likely to be of great interest to both academics and students undertaking advanced studies in public international law and international criminal law. However, this is not to say that practitioners will not find the discussion useful" - Paul David Mora, University of Birmingham, European Journal of International Law

"...is about to become a classic on this central issue of international law...this new 2008 edition has seized the opportunity to analyze and integrate many crucial developments in the field...This book is unquestionably the most comprehensive analysis of the current law of State immunity" - August Reinisch, Austrian Review of International and European Law

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