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State Immunity in International Law : Cambridge Studies in International and Comparative Law - Xiaodong Yang

State Immunity in International Law

Cambridge Studies in International and Comparative Law

Hardcover Published: 27th September 2012
ISBN: 9780521844017
Number Of Pages: 942

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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.

Industry 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
"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

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.

ISBN: 9780521844017
ISBN-10: 0521844010
Series: Cambridge Studies in International and Comparative Law
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 942
Published: 27th September 2012
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 23.5 x 15.5  x 5.3
Weight (kg): 1.43

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