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The Law of State Immunity (Foundations of Public International Law)
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About the AuthorLady Fox QC (Hazel) is Barrister in practice at 45 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,19761982,Hon Fellow of Somerville College, University of Oxford, member of the ILA Committees on State Immunity, and Diplomatic Protection. Barrister in practice 45 Grays Inn Square,Grays Inn; Chairman of Inner London Juvenile Court 196876 and of Leasehold Valuation Tribunal 198198.Product DescriptionThe doctrine of State immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for highprofile 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 immunitys 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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