Jurisdictional immunities of states and international organizations / Edward Chukwuemeke Okeke
- Author
- Okeke, Edward Chukwuemeke
- Published
- New York, NY : Oxford University Press, 2018.
- Physical Description
- 1 online resource
Access Online
- Oxford scholarship online: ezaccess.libraries.psu.edu
- Contents
- Machine generated contents note: Purpose and Scope of the Book -- Nature of Jurisdictional Immunity -- Structure of the Book -- pt. ONE State Immunity -- 1.Historical Development and Rationale -- Definition of State -- Development from Absolute to Restrictive State Immunity -- Common Law Tradition -- Civil Law Tradition -- Rationale and State of the Law -- 2.Overview of Sources of Law of State Immunity -- International Law -- Customary International Law -- Treaty Law -- European Convention on State Immunity -- United Nations Convention on Jurisdictional Immunities of States and Their Properties -- Applicability and Scope -- Submission to Jurisdiction -- Exceptions to and Limitation on Immunity -- Immunity from Measures of Constraint -- Examples of National Legislation -- United States Foreign Sovereign Immunities Act -- Applicability and Scope -- Procedures -- United Kingdom State Immunity Act -- Applicability and Scope -- Procedures -- 3.Scope of State Immunity -- Who and What are Covered by State Immunity -- Distinction between Immunities Ratione Personae and Ratione Materiae -- Heads of State -- Foreign Officials -- Entities or Organs of a Foreign State -- Political Subdivisions of a Foreign State -- Agencies and Instrumentalities of a Foreign State -- Distinction between Absolute Immunity and Restrictive Immunity -- Distinction between Acta Jure Imperii and Acta Jure Gestionis -- Purpose, Nature or Context Test -- Common Exceptions -- Commercial Activity or Transaction -- Treaty Provisions -- Territoriality -- United States -- Canada -- United Kingdom -- Immovable Property -- Territorial Tort -- Employment Contracts -- Controversial (or Uncommon) Exceptions -- Terrorism -- Expropriation -- Waiver -- Express Waiver -- Implied or Implicit Waiver -- Submission to Jurisdiction -- Arbitration -- Counterclaim -- 4.Competing or Conflicting Norms, and Related but Different Doctrine -- Competing or Conflicting Norms of International Law -- Human Rights and Jus Cogens Norms -- Competing Norms Approach -- Conflicting Norms Approach -- Related but Different Doctrine -- Act of State Doctrine -- Jurisprudence -- Applicability and Rationale -- Exceptions or Limitations -- Analogy between State Immunity and Act of State Doctrine -- pt. TWO Immunity of International Organizations -- 5.Nature of International Organizations and Purpose of Their Immunity -- Definition and Creation of International Organization -- History of International Organizations -- Purpose of Immunity of International Organizations -- 6.Legal Status of International Organizations -- Legal Status -- International Personality -- Legal Personality -- 7.Sources of the Law of Immunity of International Organizations -- International Law -- Treaty -- Customary International Law -- Interrelationship between Treaty and Customary International Law -- Judicial Decisions -- National Laws -- Relationship between International Law and National Law -- 8.Determination and Scope of Immunity of International Organizations -- Determination of Immunity -- Scope of Immunity -- Beneficiaries of Immunities -- Functions, Activities or Acts of an International Organization -- Waiver and Exception -- Waiver -- Exception -- Access to Court and Denial of Justice -- pt. THREE Cross-Cutting and Confused Concepts -- 9.Similarities and Differences among Immunities -- Origin and Nature of Diplomatic Immunity -- Diplomatic Immunity and State Immunity -- Diplomatic Immunity and Immunity of International Organizations -- State Immunity and Immunity of International Organizations -- Pitfalls of Analogies between Immunities -- 10.Conclusion.
- Summary
- This volume explores the relationship between the jurisdictional immunities of states and international organisations, in an attempt to bring clarity and predictability to the law of international immunities. Embracing a holistic approach, this text charts the history, purpose, scope, competing norms and exceptions and waivers for the jurisdictional immunities related to states and then international organisations, respectively. Finally, it focuses on the relationship between the two areas analysing in detail the differences and commonalities between the two.
- Subject(s)
- ISBN
- 9780190611262 (ebook)
- Audience Notes
- Specialized.
- Note
- Previously issued in print: 2018.
- Bibliography Note
- Includes bibliographical references and index.
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