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State immunity, the idea that a state, including its individual organs, officials and other emanations, may not be proceeded against in the courts of another state in certain instances, has long been and remains a source of international controversy. Although customary international law no longer recognizes the absolute immunity of states from foreign judicial process, the evolution of the contemporary notion of restrictive state immunity over the past fifty years has been an uncoordinated and contested process, leading to disputes between states. The adoption, in 2004, of the United Nations Convention on Jurisdictional Immunities of States and Their Property has significantly contributed to reaching consensus among states on this fundamental question of international law.This book provides article-by-article commentary on the text of the Convention, complemented by a small number of cross-cutting chapters highlighting general issues beyond the scope of any single provision, such as the theoretical underpinnings of state immunity, the distinction between immunity from suit and immunity from execution, the process leading to the adoption of the Convention, and the general understanding that the Convention does not extend to criminal matters. It presents a systematic analysis of the Convention, taking into account its drafting history, relevant state practice (including the considerable number of national statutes and judicial decisions on state immunity), and any international judicial or arbitral decisions on point.
This commentary investigates the legal framework and practical application of the 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property. Authors Christian J. Tams and Roger O'Keefe provide a systematic analysis of the Convention's provisions, drawing upon drafting history, national statutes, and international judicial precedents. The text addresses the transition from absolute to restrictive state immunity, aiming to clarify the consensus reached by the international community on this contested doctrine.
What You Will Find
Legal scholars and practitioners identify this work as a definitive reference for interpreting the UN Convention on Jurisdictional Immunities. Readers frequently note the high level of academic rigor and the comprehensive nature of the analysis provided by the authors.
Page Count:
512
Publication Date:
2013-05-19
Publisher:
Oxford University Press
ISBN-10:
0199601836
ISBN-13:
9780199601837
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