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Oxford Commentaries on International Law Ser.: United Nations Convention on Jurisdictional Immunities of States and Their Property : A Commentary by Christian J. Tams (2013, Hardcover)

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Product Identifiers

PublisherOxford University Press, Incorporated
ISBN-100199601836
ISBN-139780199601837
eBay Product ID (ePID)117159526

Product Key Features

Number of Pages600 Pages
LanguageEnglish
Publication NameUnited Nations Convention on Jurisdictional Immunities of States and Their Property : a Commentary
SubjectGeneral, International
Publication Year2013
TypeTextbook
AuthorChristian J. Tams
Subject AreaLaw
SeriesOxford Commentaries on International Law Ser.
FormatHardcover

Dimensions

Item Height1.3 in
Item Weight36 Oz
Item Length9.7 in
Item Width7 in

Additional Product Features

Intended AudienceScholarly & Professional
LCCN2013-371527
ReviewsiThe Commentaryr edited by OKeefe and Tams represents a useful tool in offering a quick response to the queries that an interpretation of the provisions might raise. The propos that iThe Commentaryr aims to clarify and not complicate the issues is maintained and the book constitutes a valuable contribution for scholars and practitioners., The Commentary edited by O'Keefe and Tams represents a useful tool in offering a quick response to the queries that an interpretation of the provisions might raise. The propos that The Commentary aims to clarify and not complicate the issues is maintained and the book constitutes a valuable contribution for scholars and practitioners.
Dewey Edition23
TitleLeadingThe
Dewey Decimal341.26
Table Of ContentForewordGeneral introductionDistinction between immunity of state from proceedings and immunity of state property from measures of constraintPreambleArticle 1Article 2(1)(a) and (b)Article 2(1)(c), (2) and (3)Article 3Article 4Article 5Article 6Article 7Article 8Introduction to Part IIIArticle 10Article 11Article 12Article 13Article 14Article 15Article 16Article 17Article 18Article 19Article 20Article 21Article 22Article 23Article 24Article 25Article 26Article 27Article 28Article 29Article 30Article 31Article 32Article 33
SynopsisState immunity, the idea that a state, including its individual organs, officials and other emanations, may not be proceeded against in the courts of another state in certain instances, has long been and remains a source of international controversy. Although customary international law no longer recognizes the absolute immunity of states from foreign judicial process, the evolution of the contemporary notion of restrictive state immunity over the past fifty years has been an uncoordinated and contested process, leading to disputes between states. The adoption, in 2004, of the United Nations Convention on Jurisdictional Immunities of States and Their Property has significantly contributed to reaching consensus among states on this fundamental question of international law. This book provides article-by-article commentary on the text of the Convention, complemented by a small number of cross-cutting chapters highlighting general issues beyond the scope of any single provision, such as the theoretical underpinnings of state immunity, the distinction between immunity from suit and immunity from execution, the process leading to the adoption of the Convention, and the general understanding that the Convention does not extend to criminal matters. It presents a systematic analysis of the Convention, taking into account its drafting history, relevant state practice (including the considerable number of national statutes and judicial decisions on state immunity), and any international judicial or arbitral decisions on point., Providing article-by-article commentary on this crucial convention and a number of cross-cutting analytical chapters, this book will be highly useful for anyone working in general international law and state responsibility. Each article's commentary draws on its drafting history, state practice, and relevant national and international case law., State immunity, the idea that a state, including its individual organs, officials and other emanations, may not be proceeded against in the courts of another state in certain instances, has long been and remains a source of international controversy. Although customary international law no longer recognizes the absolute immunity of states from foreign judicial process, the evolution of the contemporary notion of restrictive state immunity over the past fifty years has been an uncoordinated and contested process, leading to disputes between states. The adoption, in 2004, of the United Nations Convention on Jurisdictional Immunities of States and Their Property has significantly contributed to reaching consensus among states on this fundamental question of international law.This book provides article-by-article commentary on the text of the Convention, complemented by a small number of cross-cutting chapters highlighting general issues beyond the scope of any single provision, such as the theoretical underpinnings of state immunity, the distinction between immunity from suit and immunity from execution, the process leading to the adoption of the Convention, and the general understanding that the Convention does not extend to criminal matters. It presents a systematic analysis of the Convention, taking into account its drafting history, relevant state practice (including the considerable number of national statutes and judicial decisions on state immunity), and any international judicial or arbitral decisions on point.
LC Classification NumberKZ4012