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. Register, Oxford University Press is a department of the University of Oxford. There's a problem loading this menu right now. Put in another way, a sovereign state is exempt … It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide, This PDF is available to Subscribers Only. Xiaodong Yang bravely took on that challenge … His book State Immunity in International Law is a rich study and a welcome and valuable addition to existing scholarship.' If you requested a response, we will make sure to get back to you shortly. Exhaustive and up-to-date analysis of case law of various countries and literature makes this book useful for practitioners around the world, Devotes special attention to doctrine and general principles, Chapters form independent sections focusing on separate issues. Diplomatic immunity, in international law, the immunities enjoyed by foreign states or international organizations and their official representatives from the jurisdiction of the country in which they are present.. Immunity from prosecution is a doctrine of international law that allows an accused to avoid prosecution for criminal offences. Failure to properly address the issue can have serious consequences. 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. instantly on your Kindle Fire or on the free Kindle apps for iPad, Android tablet, PC or Mac. There are 0 reviews and 0 ratings from the United States. Enter your mobile number or email address below and we'll send you a link to download the free Kindle App. lecturers@cambridge.org. Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum. Immunities are of two types. He now works as a legal officer for the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization in Vienna. Non-commercial torts 6. To register your interest please contact asiamktg@cambridge.org providing details of the course you are teaching. The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. Most users should sign in with their email address. For all order enquiries, please contact Customer Services. 1 State immunity protects a State and its property from the jurisdiction of the courts of another State. Cambridge Core offers access to academic eBooks from our world-renowned publishing programme. Create an account now. It also analyzes reviews to verify trustworthiness. However, if you are interested in the title for your course we can consider offering an inspection copy. Waiver of immunity 9. Delivery was efficient. To get the free app, enter your mobile phone number. The genesis of the UN convention General conclusions. Oxford: Oxford University Press, 2008. Expropriation 8. Then you can start reading Kindle books on your smartphone, tablet, or computer - no Kindle device required. If you originally registered with a username please use that to sign in. State immunity, or sovereign immunity as it is often referred to, is a principle of international law that has become part of the national law of many states. Contracts of employment 5. In this book, Xiaodong Yang undertakes a detailed and comprehensive empirical survey of over 2,000 cases decided in numerous jurisdictions over the last two centuries in order to ‘delineate how the law of State immunity has come to be what it is, and what it is that it has become’. Please try again. "Domestic judgments are "state practice of particular significance" for the identification of custom in this area of law, but distilling international law from this far from general and consistent practice is a challenge, to say the least. STATE OFFICIALS AND IMMUNITY IN INTERNATIONAL LAW* Introduction: It is a basic principle of international law that a sovereign state does not adjudicate on the conduct of a foreign state. Use the Amazon App to scan ISBNs and compare prices. Cambridge University Press; Reprint Edition (July 2, 2015), Reviewed in the United Kingdom on January 15, 2016. To register on our site and for the best user experience, please enable Javascript in your browser using these, Temporarily unavailable - available from TBC. Measures of constraint 10. You will be asked to input your password on the next screen. This title is not currently available for inspection. This article is also available for rental through DeepDyve. For full access to this pdf, sign in to an existing account, or purchase an annual subscription. One of the earliest monographs on the international law on state immunity. Restrictive theory is described as an exception for commercial activities. Part of Cambridge Studies in International and Comparative Law. Cambridge Studies in International and Comparative Law, Arbitration, dispute resolution and mediation, Law and technology, science, communication, International economic and trade law, WTO law.
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