State Immunity
In: The international & comparative law quarterly: ICLQ, Band 11, Heft 3, S. 840-843
ISSN: 1471-6895
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In: The international & comparative law quarterly: ICLQ, Band 11, Heft 3, S. 840-843
ISSN: 1471-6895
In: The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law, S. 10-102
In: Netherlands international law review: NILR ; international law - conflict of laws, Band 22, Heft 1, S. 73
ISSN: 1741-6191
In: The international & comparative law quarterly: ICLQ, Band 68, Heft 2, S. 247-269
ISSN: 1471-6895
AbstractThis article addresses some of the changes in international law and foreign relations law which have impinged on the operation of the State Immunity Act 1978 in the first 40 years of its operation and some of the ways in which it has been supplemented by judicial decisions. It addresses, in particular, the initial need for legislation in this field, the circumstances in which agents of a State may be entitled to immunity, the relationship between State immunity in domestic law and Article 6 of the European Convention on Human Rights and Article 47 of the EU Charter of Fundamental Rights, the relationship of State immunity and rules of jus cogens, and the respective scope of State immunity and principles of non-justiciability.
In: Cambridge studies in international and comparative law
"The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike"--
In: The international & comparative law quarterly: ICLQ, Band 55, Heft 2, S. 437-446
ISSN: 1471-6895
The General Assembly first proposed that the International Law Commission look into the issue of state immunity in 1977. As State immunity, by its very nature, sits at the interface between traditional and contemporary notions of international law, the span of the negotiations over three decades inevitably exposed the resulting Convention to gaps and inconsistencies with evolving areas of international law. In 1999 the International Law Commission established a Working Group on Jurisdictional immunities of States and their property,
In: The international & comparative law quarterly: ICLQ, Band 46, Heft 1, S. 81-124
ISSN: 1471-6895
An area which has received little attention in the academic literature of foreign State immunity to date is that concerning immunity in employment matters.1This omission can probably be explained by the scant case law which has hitherto existed on the subject. However, in recent years the number of decisions has increased due to the fact that employment by States of foreign nationals has become far more common. Developing countries in particular, as they seek to create new industries, have become increasingly reliant on advisers and technicians from the developed world.
In: Nordic journal of international law, Band 90, Heft 4, S. 411-426
ISSN: 1571-8107
Abstract
With a primary focus on civil law, the article provides a general overview of the most important legislation, court decisions and other state practice in explaining how international law on state immunity applies in Denmark today. Although Danish court practice has been quite sparse, there have been a number of important decisions effectively implementing international state immunity law into Danish law. The article also reflects on the application and development of customary international law in Danish law outside Danish courts with a particular focus on the 2004 UN Convention on Jurisdictional Immunity of States and Their Property, which Denmark has signed, but not ratified. Other examples of Danish practice are briefly highligthed, underscoring the conclusion that Denmark has broadly embraced the restrictive approach to international law on state immunity.
Blog: Verfassungsblog
On December 11, 2023, the Berlin Public Prosecutor's Office decided to discontinue investigations against Mahmoud Abbas, the President of the Palestinian National Authority. The declared reason for doing so lies in his immunity pursuant to Section 20 para. 1 of the German Courts Constitution Act (GVG). The decision is instructive with regard to Germany's understanding of sovereign immunity and Palestine's role in international relations.
In: International law reports, Band 64, S. 718-732
ISSN: 2633-707X
In: Human rights law review, Band 7, Heft 4, S. 651-680
ISSN: 1744-1021
In: Human Rights Law Review, Band 7, Heft 4, S. 651-680
SSRN
In: American journal of international law: AJIL, Band 19, Heft 3, S. 555-559
ISSN: 2161-7953
In: The international & comparative law quarterly: ICLQ, Band 55, Heft 2, S. 399-406
ISSN: 1471-6895
The Convention on State Immunity adopted by the UN General Assembly in 2004 represents in treaty form a finished product of some 22 years of work 1 It indicates a consensus of State support for the restrictive doctrine of State immunity in its application to civil proceedings relating to commercial matters in national courts. It is a considerable achievement from the view point of the specialist lawyers and diplomats who have steered the project to UN endorsement.