Full Description
This book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States.
Part I, Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes, deals with the diversity of existing regimes of State immunity at the national level. This part aims to explore different approaches of particular states to sovereign immunity and their general attitude to international law, and attempts to understand why some States favour a weaker State immunity regime by multiplying exceptions or interpreting them broadly, while others continuously support a stronger one and sometimes rely on the doctrine of absolute immunity.
Part II, International Customary Law of Sovereign Immunity, Human Rights and Counter-Terrorism, highlights how human rights and counter-terrorism have shaped the law and practice of sovereign immunity. This part specifically discusses the role of national legislators and judges in the development of international law, emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights, and possible ways of their reconciliation.
Part III, Sovereign Immunity of States and their Financial Obligations, contributes to on-going debates related to the mixed and complex nature of States' financial obligations. In this part, authors elaborate on perceptions of the underlying public-private law divide, cross influences in public and private international law and their consequences for State immunity, as well as recent trends relating to immunity from execution.
Contents
Introduction.- Part I Sovereign Immunity from Comparative Perspective: Weak v. Strong Immunity Regimes.- Customary International Law and the U.S. Approach to Foreign Sovereign Immunity.- Sovereign Immunity from a Comparative Perspective: The Case of Germany.- The New 2015 Russian Law on Jurisdictional Immunities of Foreign States: If You Want Peace, Prepare for War?.- Sovereign Immunity: Perspectives from Sub-Saharan Africa.- State Immunity Regimes in Latin America.- How Absolute is the Absolute State Immunity? Towards Judicialization of State Immunity in China.- The Law of State Immunity and The Role of International Courts: Looking for The Guiding Star.- Part II International Customary Law of Sovereign Immunity, Human Righ.-ts and Counter-terrorism.- Can Human Rights Overcome State Immunity? Critical Assessment of The Role of Domestic Courts in The Customary Law Creating Process.- Shrinking of Jurisdictional Immunities and Victims' Rights: From Separation To Sinergy.- Assessing State Immunity Through the Lenses of The European Court of Human Rights: Embassy Employment Disputes as Test Bench for Restricted Immunity.- Terrorism Exception to State Immunities - an Emerging Customary Norm of International Law?.- The United States Hegemony and Reshaping the Norms of State Immunity for International Crimes.- Part III Sovereign Immunity of States and Their Financial Obligations.- Cross-Influences in Public and Private International Law: On The (New?) EU Interpretation of Heads of Jurisdiction Over The (Traditional?) Understandings of Acta Iure Imperii.- Sovereign Debt and Immunity.- Foreign Central Banks and Immunity from Execution: Too Sovereign To Be Sued?.- Expanding Immunity from Execution Through the Backdoor: The French Example.- Conclusion.
