Overview

The doctrine of State immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant case, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for State violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that there should be codification by way of international convention. Still others argue that even when judgements are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This book addresses all of these issues by reference to the role of the modern state, and immunity's relationship to the exercise of civil and criminal jurisdiction by national courts. Through a detailed examination of the sources of law and English and US case law, and a comparative analysis of other types of immunity, the author explores both the law as it stands, and what it could and should be in the years to come.

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9780198298366

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Reviews

This is a work of rigorous scholarship. As an authoritative monograph, it will be of inestimable value to practitioners. International and Comparative Law Quarterly ... as valuable to students and teachers as to well-paid practitioners. International and Comparative Law Quarterly The book is user-friendly in its detailed list of contents, lavish use of headings, and sub-headings, clear scene-setters for each chapter, regular summaries and a good index. International and Comparative Law Quarterly State immunity is a difficult subject for students, teachers, and practitioners of international law, and there has long been need for a good book on it ... practitioners will have already found the book essential for their work, a sign of a book being instantly indispensable. International and Comparative Law Quarterly This in-depth study will be one of the most consulted works on international law. Those who specialize in new areas of international law, whether human rights, environmental law or international criminal law, should certainly read it. International and Comparative Law Quarterly The Law of State Immunity can confidently be regarded as the new classic book on State immunity that we have needed, and will likely remain so for many years to come. The author is to be congratulated for this timely and important contribution. Cambridge Law Journal The Law of State Immunity is a treatise that does everything a treatise should: it carefully introduces the reader to the relevant concepts and material, presents them in a logical and coherent fashion and provides thoughtful, balanced analysis. Cambridge Law Journal For its thoroughness and lucidity, Hazel Fox's treatise is a considerable scholarly achievement. The author's expertise on the subject is manifest. Cambridge Law Journal State immunity remains as one of the more controversial issues in contemporary international law. Cleary, this book is on time and on point. Cambridge Law Journal

Author Information

Lady Fox QC (Hazel) is Barrister in practice at 4-5 Grays Inn Square, Grays Inn. She was Editor of the International and Comparative Law Quarterly, and was formerly Director of the British Institute of International and Comparative Law. Member of the Institut de droit international. Fellow and Law Tutor, Somerville College, University of Oxford,1976-1982, Hon Fellow of Somerville College, University of Oxford, member of the ILA Committees on State Immunity, and Diplomatic Protection. Barrister in practice 4-5 Grays Inn Square, Grays Inn; Chairman of Inner London Juvenile Court 1968-76 and of Leasehold Valuation Tribunal 1981-98

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