State Immunity in International Law

Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

Xiaodong Yang (Author)

9781107535831, Cambridge University Press

Paperback / softback, published 2 July 2015

942 pages
22.9 x 15.3 x 4.8 cm, 1.3 kg

'The careful and forensic examination of broad international practice will lead to this book being referred to by academics, practitioners and students of international law as an authority for many years to come. This study is an important addition to the already well-established work on the subject.' Paul David Mora, Journal of International Criminal Justice

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.

Introduction
1. The history of state immunity
2. General principles
3. Commercial activity
4. Contracts of employment
5. Non-commercial torts
6. Separate entities
7. Expropriation
8. Waiver of immunity
9. Measures of constraint
10. State immunity and human rights violations
11. The genesis of the UN convention
General conclusions.

Subject Areas: Law [L], United Nations & UN agencies [JPSN1], International relations [JPS]