Books: 'Immunity of jurisdiction'

1

Chamlongrasdr, Dhisadee. Foreign state immunity and arbitration. London: Cameron May, 2007.

APA, Harvard, Vancouver, ISO, and other styles

2

Jurisdiction and sovereign immunity in Nigerian commercial law. Lagos, Nigeria: Nigerian Institute of International Affairs, 2007.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

3

Gordon, Michael W. Foreign state immunity in commercial transactions. Salem, N.H: Butterworth Legal Publishers, 1991.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

4

State immunity and cultural objects on loan. Leiden: Martinus Nijhoff Publishers, 2012.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

5

Morgan, Edward M. International law and the Canadian courts: Sovereign immunity, criminal jurisdiction, aliens' rights, and taxation powers. Toronto: Carswell, 1990.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

6

Morgan, Edward M. Foreign state debtors in the domestic courts: A theory of sovereign immunity. [Toronto, Ont.]: International Business and Trade Law Programme, 1988.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

7

Alebeek, Rosanne van. The immunity of states and their officials in international criminal law and international human rights law. Oxford: Oxford University Press, 2008.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

8

Alebeek, Rosanne van. The immunity of states and their officials in international criminal law and international human rights law. Oxford: Oxford University Press, 2008.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

9

Bu de yuan yin guo jia huo mian de su song: Guo jia ji cai chan guan xia huo miao li wai wen ti yan jiu = The proceedings in which state immunity cannot be invoked. Guangzhou: Ji nan da xue chu ban she, 2011.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

10

Martino, Gerardo. L' immunità giurisdizionale degli stati stranieri tra regionalismo ed universalismo. Salerno: Elea press, 1990.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

11

Sonnenfeld, Renata. Immunitet państwa a obecne i przewidywane problemy międzynarodowoprawne stosunków Polski z głównymi państwami kapitalistycznymi. Warszawa: Polski Instytut Spraw Międzynarodowych, 1989.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

12

Guo ji zu zhi de si fa guan xia huo mian yan jiu: Jurisdictional Immunity of International Organizations. Beijing: Zhongguo she hui ke xue chu ban she, 2013.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

13

Lengelsen, Robin Falk. Aktuelle Probleme der Staatenimmunität im Verfahren vor den Zivil- und Verwaltungsgerichten: Unter besonderer Berücksichtigung des "UN-Übereinkommens über die Immunität der Staaten und ihres Vermögens von der Gerichtsbarkeit". Frankfurt am Main: P. Lang, 2011.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

14

Immunità e crimini internazionali: L'esercizio della giurisdizione penale e civile nei confronti degli organi statali sospettati di gravi crimini internazionali. Torino: G. Giappichelli, 2007.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

15

Eileen, Denza. Immunity from Jurisdiction. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0032.

Full text

Abstract:

This chapter examines Article 31.1 of the Vienna Convention on Diplomatic Relations which deals with a diplomatic agent’s immunity from criminal jurisdiction of the receiving State. In addition, the agent shall enjoy immunity from its civil and administrative jurisdiction, except in the case of (a) a real action relating to private immovable property; (b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; and (c) an action relating to any professional or commercial activity outside his official functions. As inviolability was becoming recognised, it would have been unusual for criminal proceedings to take place without prior arrest and detention of the accused. Immunity from civil and administrative jurisdiction, which is less obviously coercive in character, was the next to become established of the basic rules of diplomatic law.

APA, Harvard, Vancouver, ISO, and other styles

16

Yang, Xiaodong. Jurisdiction, Immunity and Transnational Human Rights Litigation. Taylor & Francis Group, 2019.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

17

Foreign State Immunity and Arbitration. Cameron May, 2007.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

18

Eileen, Denza. Waiver of Immunity. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0036.

Full text

Abstract:

This chapter explores Article 32 of the Vienna Convention on Diplomatic Relations which highlights the waiver of immunity of diplomatic agents. According to Article 32, the immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State. In addition, the Article also states that the waiver sent must always be express and that the initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under Article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. Finally, the Article also states that waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver shall be necessary.

APA, Harvard, Vancouver, ISO, and other styles

19

Hazel, Fox, and Webb Philippa. The Law of State Immunity. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198744412.001.0001.

Full text

Abstract:

Revised and updated to include recent developments since 2013, this new edition provides a detailed guide to the operation of the international rule of State immunity which bars one State's national courts from exercising criminal or civil jurisdiction over claims made against another State. Building on the analysis of its two previous editions, it reviews relevant material at both international and national levels with particular attention to US and UK law; the 2004 UN Convention on Jurisdictional Immunities of the State and its Property (not yet in force), and also seeks to assess the significance of recent changes in the evolution of the law. Although the restrictive doctrine of immunity is now widely observed by which foreign States may be sued in national courts for their commercial transactions, the immunity rule remains controversial, not only by reason of the recognition of a single State's right to deny a remedy for a wrong — China, a major trading State, continues to adhere to the absolute bar — but also by the exclusion of any reparation or relief for the commission on the orders of a State of grave human rights violations. The complexity and moral challenge of the issues is illustrated by high profile cases. The expanding extraterritorial jurisdiction of national courts with regard to torture in disregard of pleas of act of State and nonjusticiability offers a further challenge to the exclusionary nature and continued observance of State immunity. Recent developments in key areas are examined, including: impleading; public policy and non-justiciability; universal civil jurisdiction for reparation for international crimes; the application of the employment exception to embassies and diplomats; immunity from enforcement and procedural measures; immunity of State officials, and tensions between national constitutional requirements and superior international norms.

APA, Harvard, Vancouver, ISO, and other styles

20

Badr, Gamal. State Immunity: An Analytical And Prognostic View. Springer, 2013.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

21

Woudenberg, Nout van. State Immunity and Cultural Objects on Loan. BRILL, 2012.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

22

Immunity And International Criminal Law. Ashgate Publishing, 2004.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

23

Simbeye, Yitiha. Immunity and International Criminal Law. Taylor & Francis Group, 2016.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

24

Eileen, Denza. Immunity from Execution. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0034.

Full text

Abstract:

This chapter analyses Article 31.3 of the Vienna Convention on Diplomatic Relations which stresses the immunity from execution of the diplomatic agent. Article 31.3 states that no measures of execution may be taken in respect of a diplomatic agent except in cases regarding the sub-paragraphs (a), (b), and (c) of Article 31.1., and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence. The principle of immunity from execution derives from the diplomat’s inviolability of person, residence, and property as well as from his immunity from civil jurisdiction. However, a diplomat’s residence may be vulnerable to execution if it is part of a larger block owned by the sending State and a judgment of a national court declares that the block as a whole is not exempt from execution.

APA, Harvard, Vancouver, ISO, and other styles

25

Luke T, Lee, and Quigley John B. Part IV Privileges and Immunities, 29 Immunity from Local Jurisdiction: The Functional Approach. Oxford University Press, 2008. http://dx.doi.org/10.1093/law/9780198298519.003.0029.

Full text

APA, Harvard, Vancouver, ISO, and other styles

26

Luke T, Lee, and Quigley John B. Part IV Privileges and Immunities, 30 Immunity from Local Jurisdiction: The Diplomatic Approach. Oxford University Press, 2008. http://dx.doi.org/10.1093/law/9780198298519.003.0030.

Full text

APA, Harvard, Vancouver, ISO, and other styles

27

Luke T, Lee, and Quigley John B. Part IV Privileges and Immunities, 31 Immunity from Local Jurisdiction: Road Traffic Matters. Oxford University Press, 2008. http://dx.doi.org/10.1093/law/9780198298519.003.0031.

Full text

APA, Harvard, Vancouver, ISO, and other styles

28

Okeke, Edward Chukwuemeke. Historical Development and Rationale. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190611231.003.0002.

Full text

Abstract:

This chapter examines the historical development of State immunity, from the absolute to the restrictive doctrine that distinguishes between acts jure imperii and jure gestionis. The provenance of the law on the jurisdictional immunity of States is widely held to be the case of Schooner Exchange. Although Schooner Exchange is, generally but not quite accurately, regarded as the authoritative anchor for the classical doctrine of absolute State immunity, Chief Justice Marshall saw immunity as an exception to the absolute jurisdiction of a State within its own territory. The chapter also examines the rationale of State immunity, which is based on the three major attributes of statehood: independence, sovereign equality, and dignity. The sovereignty of a State encompasses its jurisdiction over people and property within its territory. State immunity is a derogation of that jurisdiction. A major justification for State immunity is facilitation of international relations in conformity with international law.

APA, Harvard, Vancouver, ISO, and other styles

29

Cedric, Ryngaert. 7 Immunity, 7.5 League of Arab States v T M. , Belgian Court of Cassation, ILDC 42 (BE 2001), 12 March 2001. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0044.

Full text

Abstract:

In League of Arab States, the Belgian Court of Cassation held that the League could not rely on its immunity from jurisdiction before Belgian courts, as, absent parliamentary approval, the Headquarters Agreement between Belgium and the League could not have domestic legal consequences. The Court added that there was no general principle of public international law in the sense of art. 38(1)(c) ICJ Statute to the effect of international organizations enjoying immunity from jurisdiction. This decision is in line with decisions from other jurisdictions, which require a treaty basis for international organization immunity to be successfully invoked. It contrasts however with an earlier decision by the Dutch Supreme Court (Spaans), pursuant to which the immunity of international organizations follows from customary international law.

APA, Harvard, Vancouver, ISO, and other styles

30

Pierre, Schmitt. 7 Immunity, 7.1 Manderlier v Organisation des Nations Unies and Etat Belge ( Ministre des Affaires Etrangères ), Tribunal Civil de Bruxelles, 11 May 1966, Journal des Tribunaux, 10 December 1966, No. 4553, 121. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0040.

Full text

Abstract:

This 1966 case constitutes one of the first cases in which UN immunity from jurisdiction was challenged. Apart from the question whether the UN had legal personality under domestic law, all other arguments raised by the plaintiff in this case—seeking to restrict UN immunity from jurisdiction—are still debated nowadays before domestic jurisdictions. The Brussels Civil Tribunal notably examined whether the UN’s immunity was conditional upon the latter’s respect of art. VIII, Section 29 of the Convention on Privileges and Immunities of the United Nations, whether the immunity could be rejected in favour of a human rights argument based on the right of access to justice, and whether it could only be invoked in relation to actions or situations that were necessary for the UN to achieve its goals. Finally, it assessed the existence of a waiver in this particular case.

APA, Harvard, Vancouver, ISO, and other styles

31

International, Amnesty, ed. United Kingdom : the Pinochet case : universal jurisdiction and the absence of immunity for crimes against humanity. London: Amnesty International, International Secretariat, 1999.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

32

Eileen, Denza. Jurisdiction of the Sending State and other Remedies. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0035.

Full text

Abstract:

This chapter examines Article 31.4 of the Vienna Convention on Diplomatic Relations which deals with the jurisdiction of the sending State and other remedies. Under Article 31.4, the immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State. Civil proceedings against a diplomat before the courts of the sending State do not usually provide a satisfactory remedy for a claimant in the receiving State. The first difficulty is that of serving process on the diplomat. While he remains at his post this cannot be done by the authorities of the receiving State because of his inviolability (as explained above under Article 29), and other methods of service such as letter or advertisement may not be adequate under the law of the sending State. The second difficulty is that of expense as the plaintiff will bear the costs instituting legal proceedings in a foreign country.

APA, Harvard, Vancouver, ISO, and other styles

33

Kupelyants, Hayk. Enforcement of Sovereign Debt. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198807230.003.0009.

Full text

Abstract:

Chapter 8 reviews the law on sovereign immunity in English and New York courts. The chapter analyses both immunity from jurisdiction and immunity from enforcement. The chapters pays particular attention to immunity from interim measures and disclosure of information. The immunity of State entities is examined lastly.

APA, Harvard, Vancouver, ISO, and other styles

34

Hayk, Kupelyants. 8 Enforcement of Sovereign Debt. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198807230.003.0009.

Full text

Abstract:

Chapter 8 reviews the law on sovereign immunity in English and New York courts. The chapter analyses both immunity from jurisdiction and immunity from enforcement. The chapters pays particular attention to immunity from interim measures and disclosure of information. The immunity of State entities is examined lastly.

APA, Harvard, Vancouver, ISO, and other styles

35

Chanaka, Wickremasinghe. 7 Immunity, 7.3 Difference relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights , Advisory Opinion, [1999] ICJ Rep 62. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0042.

Full text

Abstract:

The advisory opinion is one of the relatively few cases that have required the International Court of Justice to consider directly issues related to the immunity of an international organization (in this case the UN). It provides important guidance on how to delineate between activities that are pursued by the UN and its officials in an official capacity, which are therefore entitled to immunity, and activities which are pursued in some other capacity and therefore are subject to national jurisdiction. At a procedural level the case is significant as the first occasion on which the process of so-called ‘binding advisory opinions’ under art. VIII, Section 30 of the 1946 Convention on the Privileges and Immunities of the United Nations has been invoked, leading in itself to some interesting questions about the adaptation of the Court’s advisory jurisdiction to a more formal mode of dispute settlement.

APA, Harvard, Vancouver, ISO, and other styles

36

Ferstman, Carla. Challenging the Conduct of International Organizations before Domestic Courts. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808442.003.0006.

Full text

Abstract:

This chapter is about domestic courts. Victims often have no other option than to seek a remedy against an international organization before domestic courts. This is so even though the domestic character of such courts does not lend well to them playing this particular adjudicative role with regard to disputes concerning international organizations and organizational immunities from the jurisdiction of domestic courts are near absolute. Unlike the progressive recognition of restrictions to the immunity of States and their agents, there have been only limited parallel developments in the domain of organizational immunity. The chapter considers the extent of immunities and other jurisdictional bars before domestic courts and considers the practice of international organizations to waive immunity.

APA, Harvard, Vancouver, ISO, and other styles

37

Dieter, Fleck. Part I General Framework, 5 The Immunity of Visiting Forces and their Headquarters. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808404.003.0005.

Full text

Abstract:

This chapter discusses the principle of immunity. Immunity comprises an exemption from criminal, civil, and administrative jurisdiction of the Receiving State. For any foreign visiting force immunity is an essential prerequisite for the successful performance of its mission in the receiving state. This principle was first developed for warships visiting foreign harbours where they were not only treated with courtesy, but also held exempt from the Host State’s authority. Immunity of foreign Visiting Forces and their military headquarters in the Receiving State is furthermore an element of State immunity. This immunity is rooted in customary international law and exists even in the absence of a status-of-forces agreement (SOFA). Headquarters established by international organizations and their forces deployed in the Receiving State share the immunity of their organization.

APA, Harvard, Vancouver, ISO, and other styles

38

Powell, Emilia Justyna. The International Court of Justice and Islamic Law States. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198795582.003.0012.

Full text

Abstract:

This chapter analyzes the International Court of Justice (ICJ), the principal judicial organ of the United Nations (UN) that adjudicates interstate disputes and issues advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. The Court—already constrained by its specific jurisdictional design and choice of forum options—faces additional hurdles in building up its authority concerning Islamic law states (ILS). The chapter then identifies why and when ILS are willing to accept ICJ authority. This question is considered in the context of two substantive areas of the ICJ’s jurisdiction: territorial sovereignty and diplomatic immunity. In territorial sovereignty cases, despite partial conflict between Islamic law’s edicts regarding territorial ownership and international law, ILS sometimes use the ICJ and respect its rulings. In diplomatic immunity cases, despite the consistency between Islamic and international law regulating diplomatic protection, ILS are not particularly willing to accept ICJ authority.

APA, Harvard, Vancouver, ISO, and other styles

39

Okeke, Edward Chukwuemeke. Competing or Conflicting Norms, and Related but Different Doctrine. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190611231.003.0005.

Full text

Abstract:

This chapter addresses competing or conflicting norms, as well as the related but different doctrine of Act of State. It examines the various approaches courts employ in dealing with the very contentious issue of whether human rights and jus cogens norms trump the rule of State immunity. The chapter discusses the nature of the Act of State doctrine, including its jurisprudence, applicability and rationale, and exceptions or limitations. The Act of State doctrine, which is sometimes confused with State immunity, is a matter of justiciability, not jurisdiction. The chapter concludes by discussing an analogy between the rule of State immunity and the Act of State doctrine.

APA, Harvard, Vancouver, ISO, and other styles

40

Merrills, John G. Introductory Note. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190923846.003.0014.

Full text

Abstract:

In 2016 the ICJ gave five judgments and made two significant orders. All five judgments concerned various issues of jurisdiction, while the orders concerned respectively the appointment of experts and provisional measures of protection. Three new cases were begun in 2016. These related to the status and use of a river, the alleged immunity of a minister and the legal status of an embassy building, and the alleged violation of a treaty between Iran and the United States. The Court was also able to hold public hearings on the preliminary objections in one case with a view to giving judgment in 2017. The Court's record in 2016 underlines the importance of jurisdictional issues in its work and shows that states continue to value its assistance in resolving their disputes peacefully.

APA, Harvard, Vancouver, ISO, and other styles

41

Kriangsak, Kittichaisaree. Part II Substantive Law, 6 Scope of the Obligation to Extradite or Prosecute. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198823292.003.0006.

Full text

Abstract:

This chapter explains whether the obligation to extradite or prosecute is a single obligation or two separate obligations in the alternative, and whether it is a general principle of international law recognized by nations. Immunity of State officials from foreign criminal jurisdiction which can impede the implementation of the obligation to extradite or prosecute is then analysed, duly taking into account the most recent developments.

APA, Harvard, Vancouver, ISO, and other styles

42

Guo jia huo mian wen ti di bi jiao yan jiu: Dang dai guo ji gong fa guo ji si fa he guo ji jing ji fa di yi ge gong tong ke ti = Comparatives study of state immunity (Bi jiao fa xue cong shu). Beijing da xue chu ban she, 1994.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

43

Peter, Rowe. Part I General Framework, 2 Historical Developments Influencing the Present Law of Visiting Forces. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808404.003.0002.

Full text

Abstract:

This chapter focuses on the historical and the legal development of the North Atlantic Treaty Organization (NATO) SOFA in 1951 and subsequent developments. It shows how prior to 1951, bilateral agreements reflected the relative bargaining positions of the Sending and Receiving States and how the terms of the 1951 multilateral treaty were debated in the legislatures of the US and the UK. This is no mere ‘lawyers’ law’ concerned solely with resolving conflicts of jurisdiction between different States. The issues raised within it are frequently of constitutional significance, ranging from the protection of the citizen and of the serviceman to ‘immunity’ from the jurisdiction of the Receiving State. This chapter also sketches the background to challenges posed by post-cold war types of military operations in the law relating to Visiting Forces

APA, Harvard, Vancouver, ISO, and other styles

44

Tomuschat, Christian. State Responsibility and the Individual Right to Compensation Before National Courts. Edited by Andrew Clapham and Paola Gaeta. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199559695.003.0031.

Full text

Abstract:

Normally, states parties to an armed conflict settle the financial consequences of that conflict in the traditional way, if ever they reach agreement, by concluding comprehensive treaties that embrace also all the claims that their nationals may have acquired on account of the conflict. The most common form of reparation consists of lump sum payments that do not differentiate between the different groups of victims. Remedies for individuals are not available within the framework of international humanitarian law (IHL) at the international level. This chapter explores state responsibility and the individual right to compensation before national courts, in particular violations of IHL. It looks at compensation claims before the courts of the alleged wrongdoing state, as well as those claims outside the alleged wrongdoing state. It considers national reparation programmes, tort claims arising from military operations during non-international armed conflict, tort claims arising from international armed conflict, the territorial clause,jus cogensversus jurisdictional immunity, implications for public policy, and universal jurisdiction for reparation claims.

APA, Harvard, Vancouver, ISO, and other styles

45

Joanne, Foakes, and Denza Eileen. Book III Privileges and Immunities, 14 Privileges and Immunities of Diplomatic Agents. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739104.003.0014.

Full text

Abstract:

This chapter explores the immunities accorded to a diplomatic agent personally, as distinct from those dealt with in the previous chapter. These include personal inviolability and immunity from criminal, civil, and administrative jurisdiction. Unless entitled to some specific exemption by international agreement or by national law, a diplomatic agent is otherwise legally bound by the laws and regulations of the receiving State. Diplomatic agents are not exempt from the obligation to obey the local criminal law, or from the duty to pay debts, or to seek local planning permission before rebuilding their residences, or from local regulations regarding the maintenance and insurance of vehicles when driving. But if they break any of these laws, immunity means that they cannot be arrested or detained by the executive authorities of the receiving State and cannot be subjected to criminal trial or sued in civil proceedings before the judicial authorities of that State.

APA, Harvard, Vancouver, ISO, and other styles

46

Eileen, Denza. Junior Staff of the Mission and Private Servants. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0042.

Full text

Abstract:

This chapter considers Article 37.2 to 37.4 of the Vienna Convention on Diplomatic Relations which highlights the functions of the junior staff of the mission and private servants. Article 37.2 states that members of the administrative and technical staff of the diplomatic mission, together with members of their families, shall enjoy the privileges and immunities specified in Articles 29 to 35, except the immunity from civil and administrative jurisdiction of the receiving State specified in Article 31. They shall also enjoy the privileges specified in Article 36, paragraph 1, in respect of articles imported at the time of first installation. Article 37.3 then states that members of the service staff shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption contained in Article 33. Lastly, Article 37.4 states that Private servants be exempt from dues and taxes on the emoluments they receive by reason of their employment.

APA, Harvard, Vancouver, ISO, and other styles

47

Okeke, Edward Chukwuemeke. Jurisdictional Immunities of States and International Organizations. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190611231.001.0001.

Full text

Abstract:

This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of diplomatic immunity and State immunity. The major aim of this book is to clarify the conceptual confusion that has often bedeviled the understanding of the law of the (different but interrelated) jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international courts and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The distinct jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for the international legal order to foster international relations and cooperation. The author intends to position the book to be of use both to scholars and to practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.

APA, Harvard, Vancouver, ISO, and other styles

48

Kupelyants, Hayk. Sovereign Defaults Before Domestic Courts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198807230.001.0001.

Full text

Abstract:

The monograph examines sovereign debt litigation before the English and New York courts. English and New York courts are the two main jurisdictions customarily chosen to resolve sovereign debt disputes. The book sets out parties’ litigation choices at various stages of proceedings and provides the legal background against which parties to a sovereign bond may wish to negotiate. The defining characteristic of the monograph is that it examines sovereign debt litigation through the prism of private law. The monograph clearly grounds its analysis in the law as it exists, rather than purely policy-oriented reasoning (albeit it keeps a critical eye on the reasoning of the courts). The monograph concentrates on diverse litigation tactics and arbitrage strategies available to bondholders and sovereign debtors that appear before the English courts. In most cases, private creditors may obtain summary judgments with relative ease. That said, often serious issues arise at the stages of assumption of jurisdiction, determination of the governing law of sovereign bonds or substantive resolution of the claims in English proceedings. Similarly, the enforcement of sovereign bonds against the assets of the sovereign often presents serious obstacles, most significantly the doctrine of State immunity. The book offers an exhaustive account of litigation tactics available to bondholders and sovereign debtors alike. The book is unique in the breadth of its coverage. It examines issues of jurisdiction and choice of law at the preliminary stages of litigation, substantive challenges of various sorts to sovereign debt restructurings and to the repayment of bonds on merits, and enforcement of final judgments against the State and its assets in the post-judgment phase.

APA, Harvard, Vancouver, ISO, and other styles

49

Hayk, Kupelyants. Sovereign Defaults Before Domestic Courts. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198807230.001.0001.

Full text

Abstract:

The monograph examines sovereign debt litigation before the English and New York courts. English and New York courts are the two main jurisdictions customarily chosen to resolve sovereign debt disputes. The book sets out parties’ litigation choices at various stages of proceedings and provides the legal background against which parties to a sovereign bond may wish to negotiate. The defining characteristic of the monograph is that it examines sovereign debt litigation through the prism of private law. The monograph clearly grounds its analysis in the law as it exists, rather than purely policy-oriented reasoning (albeit it keeps a critical eye on the reasoning of the courts). The monograph concentrates on diverse litigation tactics and arbitrage strategies available to bondholders and sovereign debtors that appear before the English courts. In most cases, private creditors may obtain summary judgments with relative ease. That said, often serious issues arise at the stages of assumption of jurisdiction, determination of the governing law of sovereign bonds or substantive resolution of the claims in English proceedings. Similarly, the enforcement of sovereign bonds against the assets of the sovereign often presents serious obstacles, most significantly the doctrine of State immunity. The book offers an exhaustive account of litigation tactics available to bondholders and sovereign debtors alike. The book is unique in the breadth of its coverage. It examines issues of jurisdiction and choice of law at the preliminary stages of litigation, substantive challenges of various sorts to sovereign debt restructurings and to the repayment of bonds on merits, and enforcement of final judgments against the State and its assets in the post-judgment phase.

APA, Harvard, Vancouver, ISO, and other styles

50

Henriksen, Anders. International Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198828723.001.0001.

Full text

Abstract:

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.

APA, Harvard, Vancouver, ISO, and other styles

Books on the topic 'Immunity of jurisdiction'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles