Suchergebnisse

"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"--

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.

206State immunity — Jurisdiction — Functional nature of immunity — Restrictive theory — Employment matters — State sued in respect of the dismissal of embassy driver — Whether entitled to immunity — The law of the Czech Republic

This title is a comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.

This book offers the first comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.

The texts of two brief judgments by district judges at Bow Street are reproduced below. In each case, an application was made for proceedings against a serving foreign official to answer allegations in England of conduct which constituted crimes against international law which were within the jurisdiction of the English court, even though committed abroad and by non-UK nationals. In each case, the judge decided that the official was protected by the law of State immunity rationae personae against the proceedings and the applications were dismissed.