State Immunity in International Law

Author:   Xiaodong Yang
Publisher:   Cambridge University Press
Volume:   89
ISBN:  

9781139016377


Publication Date:   05 October 2012
Format:   Undefined
Availability:   In stock   Availability explained
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State Immunity in International Law


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Overview

The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.

Full Product Details

Author:   Xiaodong Yang
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press (Virtual Publishing)
Volume:   89
ISBN:  

9781139016377


ISBN 10:   1139016377
Publication Date:   05 October 2012
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Undergraduate
Format:   Undefined
Publisher's Status:   Active
Availability:   In stock   Availability explained
We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately.

Table of Contents

Introduction; 1. The history of state immunity; 2. General principles; 3. Commercial activity; 4. Contracts of employment; 5. Non-commercial torts; 6. Separate entities; 7. Expropriation; 8. Waiver of immunity; 9. Measures of constraint; 10. State immunity and human rights violations; 11. The genesis of the UN convention; General conclusions.

Reviews

Domestic judgments are state practice of particular significance for the identification of custom in this area of law, but distilling international law from this far from general and consistent practice is a challenge, to say the least. Xiaodong Yang bravely took on that challenge His book State Immunity in International Law is a rich study and a welcome and valuable addition to existing scholarship. Rosanne van Alebeek, Netherlands International Law Review


Author Information

Xiaodong Yang was a lecturer in law at the University of Aberdeen when he wrote this book. He now works as a legal officer for the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization in Vienna.

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