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Peremptory Norms and State Immunity

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0011
Subject:
Law, Public International Law

This chapter deals with the impact of jus cogens on State immunity. It begins by examining the scope of State immunity, then addresses sources of law to establish whether State immunity is really ... More


State Immunity

Magdalena Forowicz

in The Reception of International Law in the European Court of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.003.0008
Subject:
Law, Human Rights and Immigration

This chapter evaluates the Court's references to international State immunity law in Al-Adsani v. United Kingdom, Fogarty v. United Kingdom, and McElhinney v Ireland. The three cases concerned a very ... More


Obligations to prevent and punish acts of international terrorism

Kimberley N. Trapp

in State Responsibility for International Terrorism

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592999
eISBN:
9780191729102
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592999.003.0003
Subject:
Law, Public International Law, Criminal Law and Criminology

Chapter 3 examines the customary and treaty obligations to prevent international terrorism with a view to identifying both the scope of due diligence required for compliance and any difficulties with ... More


Execution of State Property: United Kingdom Practice*

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0024
Subject:
Law, Public International Law

This chapter deals with attitudes in the United Kingdom to the attachment or execution of state property pursuant to a judicial ruling by a Court. It is divided into two parts: the first covers the ... More


Sovereign Immunity and the Enforcement of International Cultural Property Law

Riccardo Pavoni

in Enforcing International Cultural Heritage Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199680245
eISBN:
9780191760174
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680245.003.0005
Subject:
Law, Public International Law

This chapter examines the extent to which states can raise the defence of sovereign immunity from suit and execution. It describes three exceptions to immunity from suit that may apply in cases ... More


Techniques of Interaction of International Jus Cogens with National Law

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0019
Subject:
Law, Public International Law

This chapter reflects on different modes of how international jus cogens can be received into, or have its effect excluded from, national legal systems. Premised on strict separation between national ... More


Execution of State Property in English Law

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0027
Subject:
Law, Public International Law

It was not until the 1970s that the United Kingdom abandoned its longstanding adherence to the doctrine of absolute immunity from suit in respect to claims made against foreign states or governments. ... More


Introduction

Edward Chukwuemeke Okeke

in Jurisdictional Immunities of States and International Organizations

Published in print:
2018
Published Online:
May 2018
ISBN:
9780190611231
eISBN:
9780190611262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190611231.003.0001
Subject:
Law, Public International Law, Legal Profession and Ethics

This chapter introduces the purpose of the book, which is to clarify the conceptual confusion that has bedeviled the proper understanding of both the jurisdictional immunities of States and of ... More


The Reception of International Law in the European Court of Human Rights

Magdalena Forowicz

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.001.0001
Subject:
Law, Human Rights and Immigration

This book provides an overview of the reception of international law in the case law of the European Commission on Human Rights (ECommHR) and the European Court of Human Rights (ECtHR). It evaluates ... More


The Myth of the Customary Nature of the United Nations Convention on State Immunity: Does the End Justify the Means?

Riccardo Pavoni

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0015
Subject:
Law, Public International Law, Human Rights and Immigration

According to the European Court of Human Rights (ECtHR), the not-yet-in-force 2004 UN Convention on Jurisdictional Immunities of States and Their Property (UNCSI) codifies the customary law of State ... More


Historical Development and Rationale

Edward Chukwuemeke Okeke

in Jurisdictional Immunities of States and International Organizations

Published in print:
2018
Published Online:
May 2018
ISBN:
9780190611231
eISBN:
9780190611262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190611231.003.0002
Subject:
Law, Public International Law, Legal Profession and Ethics

This chapter examines the historical development of State immunity, from the absolute to the restrictive doctrine that distinguishes between acts jure imperii and jure gestionis. The provenance of ... More


Jurisdictional Immunities of States and International Organizations

Edward Chukwuemeke Okeke

Published in print:
2018
Published Online:
May 2018
ISBN:
9780190611231
eISBN:
9780190611262
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190611231.001.0001
Subject:
Law, Public International Law, Legal Profession and Ethics

This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with ... More


The Death Throes of Absolute Immunity: The Government of Uganda Before the English Courts

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0023
Subject:
Law, Public International Law

The State Immunity Act of 1978 (the Act) is now in effect in the United Kingdom. The case, Uganda Company (Holdings) Ltd. v Government of Uganda, is of considerable interest. It illustrates what will ... More


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