State Immunity in International Law

by Xiaodong Yang

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.

Product Details

ISBN-13:	9781139579261
Publisher:	Cambridge University Press
Publication date:	09/27/2012
Series:	Cambridge Studies in International and Comparative Law , #89
Sold by:	Barnes & Noble
Format:	eBook
File size:	2 MB

About the Author

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.

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.

Editorial 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

'The careful and forensic examination of broad international practice will lead to this book being referred to by academics, practitioners and students of international law as an authority for many years to come. This study is an important addition to the already well-established work on the subject.' Paul David Mora, Journal of International Criminal Justice

From the Publisher