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AI Overview

"The Law of State Immunity" by Hazel Fox, QC, and Philippa Webb is a comprehensive guide to the international rule of state immunity, which bars one state's national courts from exercising jurisdiction over claims made against another state. Here is a detailed overview of the book:

Key Themes

  1. State Immunity Doctrine:

    • The book provides a thorough analysis of the doctrine of state immunity, exploring its historical development, sources, and current applications.

  2. Sources of the Law:

    • It examines the sources of the law, including treaties, state practice, and codification projects. The 2004 UN Convention on Jurisdictional Immunities of States and their Property is also discussed in detail.

  3. Jurisdictional Immunity:

    • The book delves into the concept of jurisdictional immunity, distinguishing it from other related pleas such as "act of state" and "non-justiciability".

  4. National and International Perspectives:

    • It reviews relevant material at both international and national levels, with particular attention to US and UK law. The book assesses the significance of recent changes in the evolution of the law.

  5. Recent Developments:

    • The third edition includes recent developments since 2013, covering topics such as impleading, public policy, universal civil jurisdiction for reparation for international crimes, and the application of the employment exception to embassies and diplomats.

Plot Summary

The book is structured into two main parts:

  1. General Concepts:

    • Part I introduces the institution of proceedings and the nature of the plea of state immunity. It also divides the concept of state immunity into three models and compares it with related pleas like "act of state" and "non-justiciability".

  2. Sources of the Law:

    • Part II summarizes the sources of the law of state immunity, including treaty law and codification projects. It provides historical overviews and discusses the development of the doctrine in major industrial developed nations.

Critical Reception

While specific reviews are not provided in the sources, the book's comprehensive nature and detailed analysis suggest it is a valuable resource for scholars and practitioners in the field of international law. The inclusion of recent developments and high-profile cases indicates its relevance and timeliness.

Table of Contents

The book includes the following chapters:

  • Introduction
  • Part I: General Concepts
      1. The Institution of Proceedings and the Nature of the Plea of State Immunity
      1. The Three Models of the Concept of State Immunity
      1. The Plea of State Immunity Distinguished from Act of State and Non-justiciability
      1. State Immunity and Jurisdiction: Immunity from the Civil and Criminal Jurisdiction of National Courts
  • Part II: The Sources of the Law of State Immunity
      1. A Review of the Sources: Treaties and Projects for Codification
      1. The Restrictive Doctrine of State Immunity: Its Recognition in State Practice
      1. English Law: The UK State Immunity Act 1978
      1. US Law: The Foreign Sovereign Immunities Act 1976
      1. The 2004 UN Convention on Jurisdictional Immunities of States and their Property: General Aspects

Overall, "The Law of State Immunity" by Hazel Fox, QC, and Philippa Webb is a seminal work that provides a detailed and authoritative guide to the complex and evolving field of state immunity in international law.