The State Immunity Controversy in International Law : Private Suits Against Sovereign States in Domestic Courts / by Ernest K. Bankas.
2005
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Title
The State Immunity Controversy in International Law : Private Suits Against Sovereign States in Domestic Courts / by Ernest K. Bankas.
Added Corporate Author
Edition
1st ed. 2005.
Imprint
Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, 2005.
Description
XVIII, 542 p. online resource
Formatted Contents Note
The Historical Origins of the Concept of Absolute Immunity of States
The Development of the Doctrine of Sovereign Immunity: A Claim Against France Before American Courts and its Aftereffects
The Rights and Immunities of States in Foreign Courts: A Study of Absolute Immunity of States
The Changing Law of Sovereign Immunity in U.S. and U.K. Courts: A Look at the Restrictive Immunity Rule
Private Suits Against African Countries in Foreign Courts
The Practice of African States in the Matter of Jurisdictional Immunities of States: Is it Still Absolute Immunity or Restrictive Immunity
A Look at the ILC Report on Jurisdictional Immunities of Foreign States and Their Property
Sovereign States Before Foreign Courts: An Observation on Certain Unsettled or Lingering State Immunity Problems
State Immunity and the Violation of International Law: Some Recent Developments in the Law of State Immunity
The Acceptance of the Proposed UN Convention on Jurisdictional Immunities of States and Their Property, A Recent Development
The Current State of the Law of Sovereign Immunity
Conclusion: A Modest Proposal for Resolving the Sovereign Immunity Controversy.
The Development of the Doctrine of Sovereign Immunity: A Claim Against France Before American Courts and its Aftereffects
The Rights and Immunities of States in Foreign Courts: A Study of Absolute Immunity of States
The Changing Law of Sovereign Immunity in U.S. and U.K. Courts: A Look at the Restrictive Immunity Rule
Private Suits Against African Countries in Foreign Courts
The Practice of African States in the Matter of Jurisdictional Immunities of States: Is it Still Absolute Immunity or Restrictive Immunity
A Look at the ILC Report on Jurisdictional Immunities of Foreign States and Their Property
Sovereign States Before Foreign Courts: An Observation on Certain Unsettled or Lingering State Immunity Problems
State Immunity and the Violation of International Law: Some Recent Developments in the Law of State Immunity
The Acceptance of the Proposed UN Convention on Jurisdictional Immunities of States and Their Property, A Recent Development
The Current State of the Law of Sovereign Immunity
Conclusion: A Modest Proposal for Resolving the Sovereign Immunity Controversy.
Summary
The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal. Furthermore, the state never acts as a juridical or natural person and, therefore, in logical terms, its functions cannot be divided into potere politico and persona civile, as a prelude to determine jurisdiction. The said Italian doctrine therefore is ex facie erroneous, and that a simple dichotomy between absolute immunity and restrictive immunity wholly predicated on the nature test alone would not be helpful in promoting justice. Hence, arbitration and comparative dominant theory are suggested instead in the resolution of this elusive problem.
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Language
English
ISBN
9783540278832
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