
As an Amazon Associate and affiliate partner, Menrva Books earns from qualifying purchases. Learn more
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 judgments 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.
This book investigates the complex legal doctrine of State immunity, questioning how national courts can balance sovereign protection against the enforcement of international human rights and legal accountability. Hazel Fox QC, a distinguished legal practitioner, utilizes her extensive expertise to analyze the evolution of immunity laws. She examines the tension between customary international law and the need for formal codification, specifically evaluating the impact of the United Nations Convention on Jurisdictional Immunities of States and their Property. The text provides a rigorous framework for understanding how these legal mechanisms influence global judicial outcomes.
What You Will Find
Legal scholars and practitioners frequently cite this work as a definitive resource for understanding the nuances of jurisdictional immunity. Readers often note the high level of academic density and the precise, technical nature of the legal analysis provided throughout the text.
Page Count:
600
Publication Date:
2008-11-15
Publisher:
Oxford University Press
ISBN-10:
0199211108
ISBN-13:
9780199211104
No comments yet. Be the first to share your thoughts!