Jump to ContentJump to Main Navigation

You are looking at 1-20 of 31 items

  • Keywords: state immunity x
Clear All Modify Search

View:

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


State Immunity

Rosanne Van Alebeek

in The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232475
eISBN:
9780191696558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232475.003.0002
Subject:
Law, Public International Law

Arguments that immunity is unavailable when core human rights norms are violated and the substantive parameters of human rights arguments in favour, and against, immunity rules are in conflict with ... More


The Immunity of States and Their Officials in Light of the Fundamental Rights of Individuals under International Law

Rosanne Van Alebeek

in The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232475
eISBN:
9780191696558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232475.003.0006
Subject:
Law, Public International Law

Developments in international law no longer set limits in regulating state's behaviour against other states. Rather, it now extends to the regulation of the behaviour of states against their citizens ... More


Functional Immunity

Rosanne Van Alebeek

in The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232475
eISBN:
9780191696558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232475.003.0003
Subject:
Law, Public International Law

Functional immunity of foreign state officials is typically approached as a consequence of the rule of state's immunity. This in turn, creates questions on the scope of the rule of state immunity in ... 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


The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law

Rosanne Van Alebeek

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232475
eISBN:
9780191696558
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232475.001.0001
Subject:
Law, Public International Law

This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international ... 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


Conclusion

Rosanne Van Alebeek

in The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232475
eISBN:
9780191696558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232475.003.0007
Subject:
Law, Public International Law

This chapter summarizes the study of this book. Given the changes that international human rights law and international criminal law made in the international legal order, the chapter concludes that ... 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 and Official Immunity

Curtis A. Bradley

in International Law in the U.S. Legal System

Published in print:
2015
Published Online:
April 2015
ISBN:
9780190217761
eISBN:
9780190217808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190217761.003.0008
Subject:
Law, Private International Law, Comparative Law

This chapter discusses three types of immunity in U.S. litigation: the immunity of foreign governments and their agencies and instrumentalities; the immunity of diplomats and consular officials; and ... 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


Similarities and Differences among Immunities

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/9780190611231.003.0010
Subject:
Law, Public International Law, Legal Profession and Ethics

This chapter examines the similarities and differences between the immunities of States and international organizations, as well as their interrelationship with diplomatic immunities. It also points ... More


Certain Unresolved Aspects of the Law of State Immunity

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/9780198262350.003.0025
Subject:
Law, Public International Law

The law of state immunity has changed very significantly over the last twenty years. Legal development often occurs because a new international law topic has burst upon the scene, or because ... 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


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


Interest as Non-Law

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0007
Subject:
Law, Public International Law

This chapter examines doctrinal and practical aspects of relationship between law and interest. There are two principal dimensions: how interest may prompt new legal regulation, and how interest can ... More


The Rehnquist Revival of Jurisdictional Separation

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0004
Subject:
Law, Constitutional and Administrative Law

Chapter Four outlines the Rehnquist Court’s New Federalism embrace of dual federalism idealism, focusing on its Tenth Amendment and preemption cases. Beginning with reflections on the Court’s ... 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 Inviolability of Diplomatic Agents in the Context of Employment

Lisa Rodgers

in Diplomatic Law in a New Millennium

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795940
eISBN:
9780191837128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795940.003.0008
Subject:
Law, Public International Law, Private International Law

‘Ordinary’ employment contracts—including those of domestic servants—have been deemed to attract diplomatic immunity because they fall within the scope of diplomatic functions. This chapter ... More


View: