The State Immunity Controversy in International Law: Private Suits Against Sovereign States in Domestic CourtsSpringer Science & Business Media, 2005 M12 5 - 542 pages 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. |
Contents
1 | |
13 | |
The Privileges and Immunities of States 33 | 32 |
Restrictive Immunity in U S and U K Courts | 69 |
Private Suits Against African Countries in Foreign Courts | 101 |
African States and the Practice of State Immunity | 133 |
The ILC Report on Jurisdictional Immunities of States 175 | 174 |
State Immunity and Certain Unresolved Problems | 209 |
State Immunity and the Violation of International Law 251 | 250 |
UN Draft Convention on State Immunity | 301 |
The Current Law of State Immunity | 317 |
361 | 360 |
Appendix | 369 |
517 | |
534 | |
Other editions - View all
The State Immunity Controversy in International Law: Private Suits Against ... Ernest K. Bankas No preview available - 2009 |
The State Immunity Controversy in International Law: Private Suits Against ... Ernest K. Bankas No preview available - 2010 |