State Immunity and International Investment Law

著者名：Meng, Zixin

Springer（2022/07/09発売）

• 言語：ENG
• ISBN：9789811927782
• eISBN：9789811927799

Description

The book provides a sophisticated analysis of state immunity from an enforcement perspective. It covers all relevant legal techniques of enforcing an arbitral award against a sovereign state. Besides tackling the plea of state immunity through the courts, this book also covers notable non-judicial remedial measures which may aid the aggrieved investors in satisfying their claims against state parties to a dispute. These measures may be used either to enhance the effectiveness of judicial remedies or as stand-alone remedies when legal measures seem (or prove to be) ineffective. After having identified problems arising from a lack of universal agreement on state immunity and the diversity and, more dishearteningly, the inadequacy of forms of enforcement available to an aggrieved claimant, this book proposes a new approach to solve state immunity issues. The international community must work towards the setting up of a central enforcement agency, a functional model ofenforcement.

Table of Contents

Acknowledgements.- List of Abbreviations.- Part I A General Statement of Principles.- Introduction.- An Appraisal of State Immunity.- State Immunity and Its Enforcement.- Part II Investment Practice of State Immunity.- Jurisdiction Versus Execution.- Conditions for Enforcement.- Conservatory Measures.- State Property Immune from Execution.- Existing Remedies of State Immunity.- Addressing the Dilemma of State Immunity: An Alternative Approach .- Conclusion.