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E-raamat: Jurisdictional Immunities of States and International Organizations

(international law scholar and practitioner)
  • Formaat: EPUB+DRM
  • Ilmumisaeg: 03-May-2018
  • Kirjastus: Oxford University Press Inc
  • Keel: eng
  • ISBN-13: 9780190611255
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  • Formaat: EPUB+DRM
  • Ilmumisaeg: 03-May-2018
  • Kirjastus: Oxford University Press Inc
  • Keel: eng
  • ISBN-13: 9780190611255

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This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of State immunity. The major aim of this book is to clarify the conceptual confusion that has often marred the understanding of the law of the, different but interrelated, jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. The author intends to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.

Arvustused

Edward Chukwuemeke Okeke is a distinguished international lawyer who has served in legal advisory departments at the World Bank, UNESCO, and the United Nations. His new book, Jurisdictional Immunities of States and International Organizations, is a helpful contribution to the literature of international law. Mr. Okeke sets out the purpose of the book at the outset: 'If you want a vade mecum on the law and practice of jurisdictional immunities of States and international organizations, this is the book'" * Mark Weston Janis, University of Connecticut and University of Oxford, Netherlands International Law Review * Okeke delivers beautifully on what he set out to do, creating a vade mecum on the law and practice of jurisdictional immunities of States and international organisations. ... there is no doubt in the mind of this reviewer that Okeke's book will be on the desk right next to the computer of anybody who sets out to write about the immunity of States and international organisations in the foreseeable future, be it as a student, be it as a scholar, be it as a practitioner, or be it to engage in lofty doctrinal debates in any of these capacities. A wealth of information, diligently collected and analysed, cogently delivered and explained, a true treasure trove. A must have for any decent library of international law and anybody working around this subject. * Jurgen Brohmer, German Yearbook of International Law * This well-written book offers a thoughtful, substantive discussion of the main issues of international law and domestic practice concerning the jurisdictional immunities of states and international organizations. Based on extensive research and careful analysis, it deserves to become a standard reference for years to come. * David P. Stewart, American Journal of International Law * An acute and scholarly update on the law of the Jurisdictional Immunities of States and International Organizations. * Stephen M. Schwebel, former judge of the International Court of Justice * This book provides an excellent introduction to the complex and controversial subject of immunity of foreign States and international organizations from suits in national courts, with a special focus on the United States and United Kingdom. Practitioners will find this an especially useful resource. * John B. Bellinger, III, Partner, Arnold & Porter Kaye Scholer LLP, and Former Legal Adviser to the United States Department of State from 2005 to 2009 * The importance of privileges and immunities to the functioning of international organizations cannot be overemphasized, and this comprehensible book is a must-read for anyone interested in understanding the immunity of international organizations from the jurisdiction of national courts. All those who work for, work with, or are interested in international organizations should make sure they have a copy on their desk! * Sandie Okoro, Senior Vice President and Group General Counsel, The World Bank Group * By what authority do courts and tribunals pass judgment on the conduct of sovereigns and international organizations? The ground is well traversed with respect to the former, less so in the case of the latter. The fruit of impressive and wide-ranging research, resolutely giving primacy to experience rather than theory, this book reveals the functional similarities and disparities of the immunities of these two types of entities, and in so doing, leads the reader to a more profound understanding of both. * Jan Paulsson, Professor of Law, University of Miami, and Founding Partner, Three Crowns LLP * Jurisdictional Immunities of States and International Organizations, is a helpful contribution to the literature of international law. The book's central accomplishment remains-a workmanlike enterprise and a good foundation for anyone interested in the topic. * Mark Westin Janis, University of Connecticut, Netherlands International Law Review *

Foreword xi
Preface and Acknowledgments xv
Introduction 1(20)
Purpose and Scope of the Book
1(3)
Nature of Jurisdictional Immunity
4(8)
Structure of the Book
12(9)
PART ONE State Immunity
1 Historical Development and Rationale
21(20)
Definition of State
21(1)
Development from Absolute to Restrictive State Immunity
22(15)
Common Law Tradition
23(13)
Civil Law Tradition
36(1)
Rationale and State of the Law
37(4)
2 Overview of Sources of Law of State Immunity
41(26)
International Law
41(14)
Customary International Law
41(2)
Treaty Law
43(1)
European Convention on State Immunity
43(5)
United Nations Convention on Jurisdictional Immunities of States and Their Properties
48(1)
Applicability and Scope
49(1)
Submission to Jurisdiction
50(2)
Exceptions to and Limitation on Immunity
52(2)
Immunity from Measures of Constraint
54(1)
Examples of National Legislation
55(12)
United States Foreign Sovereign Immunities Act
56(1)
Applicability and Scope
56(4)
Procedures
60(2)
United Kingdom State Immunity Act
62(1)
Applicability and Scope
62(3)
Procedures
65(2)
3 Scope of State Immunity
67(112)
Who and What are Covered by State Immunity
67(30)
Distinction between Immunities Ratione Personae and Ratione Materiae
68(1)
Heads of State
69(6)
Foreign Officials
75(10)
Entities or Organs of a Foreign State
85(1)
Political Subdivisions of a Foreign State
85(1)
Agencies and Instrumentalities of a Foreign State
85(12)
Distinction between Absolute Immunity and Restrictive Immunity
97(9)
Distinction between Acta Jure Imperii and Acta Jure Gestionis
99(3)
Purpose, Nature or Context Test
102(4)
Common Exceptions
106(37)
Commercial Activity or Transaction
107(1)
Treaty Provisions
108(1)
Territoriality
109(1)
United States
109(7)
Canada
116(2)
United Kingdom
118(2)
Immovable Property
120(3)
Territorial Tort
123(7)
Employment Contracts
130(13)
Controversial (or Uncommon) Exceptions
143(12)
Terrorism
143(7)
Expropriation
150(5)
Waiver
155(24)
Express Waiver
157(2)
Implied or Implicit Waiver
159(3)
Submission to Jurisdiction
162(4)
Arbitration
166(11)
Counterclaim
177(2)
4 Competing or Conflicting Norms, and Related but Different Doctrine
179(52)
Competing or Conflicting Norms of International Law
180(25)
Human Rights and Jus Cogens Norms
180(2)
Competing Norms Approach
182(22)
Conflicting Norms Approach
204(1)
Related but Different Doctrine
205(21)
Act of State Doctrine
205(1)
Jurisprudence
205(7)
Applicability and Rationale
212(2)
Exceptions or Limitations
214(12)
Analogy between State Immunity and Act of State Doctrine
226(5)
PART TWO Immunity of International Organizations
5 Nature of International Organizations and Purpose of Their Immunity
231(12)
Definition and Creation of International Organization
231(4)
History of International Organizations
235(2)
Purpose of Immunity of International Organizations
237(6)
6 Legal Status of International Organizations
243(22)
Legal Status
243(22)
International Personality
247(9)
Legal Personality
256(9)
7 Sources of the Law of Immunity of International Organizations
265(18)
International Law
265(14)
Treaty
266(3)
Customary International Law
269(3)
Interrelationship between Treaty and Customary International Law
272(4)
Judicial Decisions
276(3)
National Laws
279(2)
Relationship between International Law and National Law
281(2)
8 Determination and Scope of Immunity of International Organizations
283(58)
Determination of Immunity
283(10)
Scope of Immunity
293(20)
Beneficiaries of Immunities
297(3)
Functions, Activities or Acts of an International Organization
300(13)
Waiver and Exception
313(12)
Waiver
313(5)
Exception
318(7)
Access to Court and Denial of Justice
325(16)
PART THREE Cross-Cutting and Confused Concepts
9 Similarities and Differences among Immunities
341(24)
Origin and Nature of Diplomatic Immunity
341(6)
Diplomatic Immunity and State Immunity
347(1)
Diplomatic Immunity and Immunity of International Organizations
348(4)
State Immunity and Immunity of International Organizations
352(2)
Pitfalls of Analogies between Immunities
354(11)
10 Conclusion
365(6)
Bibliography 371(4)
Index 375
Edward Chukwuemeke Okeke is an international law scholar and practitioner, admitted to the Bar of the State of New York. He has extensive experience in international organizations, having served in the Institutional Administration Practice Group of the Legal Vice Presidency at the World Bank, the Office of Legal Affairs of UNESCO, and the Office of the Legal Counsel and the Administrative Law Unit of the United Nations. He is the recipient of the Otto L. Walter Distinguished Writing Award from New York Law School and the Albert S. Pergam International Law Writing Competition Award from the New York State Bar Association. He has been published in Arbitration International, and has contributed two chapters in The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies: A Commentary (Oxford, Edited by August Reinisch 2016).