The Law of State Immunity
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By: Hazel Fox, Philippa Webb
Revised and updated to include recent developments since 2013, the third edition of The Law of State Immunity provides a detailed guide to the operation of the international rule of State immunity which bars one State's national courts from exercising criminal or civil jurisdiction over claims made against another State. Building on the analysis of its two previous editions, it reviews relevant material at both international and national levels with particular attention to US and UK law; the 2004 UN Convention on Jurisdictional Immunities of the State and its Property (not yet in force), and also seeks to assess the significance of recent changes in the evolution of the law. Although the restrictive doctrine of immunity is now widely observed by which foreign States may be sued in national courts for their commercial transactions, the immunity rule remains controversial, not only by reason of the recognition of a single State's right to deny a remedy for a wrong - China, a major trading State, continues to adhere to the absolute bar - but also by the exclusion of any reparation or relief for the commission on the orders of a State of grave human rights violations. The complexity and moral challenge of the issues is illustrated by high profile cases such as Pinochet, Amerada Hess, Saudi Arabia v Nelson and more recently NML v Argentina in national courts; Al-Adsani v UK and Jones v UK in the European Court of Human Rights; and Judgments of the International Court of Justice in Arrest Warrant, Djibouti v France and most recently in the Jurisdictional Immunities of the State, which, particularly since the 2014 contrary ruling of the Italian Constitutional Court, has attracted strong juristic criticism. The expanding extraterritorial jurisdiction of national courts with regard to torture in disregard of pleas of act of State and nonjusticiability as in Belhaj and Rahmatullah offers a further challenge to the exclusionary nature and continued observance of State immunity. Recent developments in key areas are examined, including: impleading; public policy and non-justiciability; universal civil jurisdiction for reparation for international crimes; the application of the employment exception to embassies and diplomats; immunity from enforcement and procedural measures; immunity of State officials, and tensions between national constitutional requirements and superior international norms.
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
State Immunity Doctrine:
- The book provides a thorough analysis of the doctrine of state immunity, exploring its historical development, sources, and current applications.
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.
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".
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.
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:
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".
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
- The Institution of Proceedings and the Nature of the Plea of State Immunity
- The Three Models of the Concept of State Immunity
- The Plea of State Immunity Distinguished from Act of State and Non-justiciability
- State Immunity and Jurisdiction: Immunity from the Civil and Criminal Jurisdiction of National Courts
- Part II: The Sources of the Law of State Immunity
- A Review of the Sources: Treaties and Projects for Codification
- The Restrictive Doctrine of State Immunity: Its Recognition in State Practice
- English Law: The UK State Immunity Act 1978
- US Law: The Foreign Sovereign Immunities Act 1976
- 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.