: Ernest K. Bankas
: The State Immunity Controversy in International Law Private Suits Against Sovereign States in Domestic Courts
: Springer-Verlag
: 9783540278832
: 1
: CHF 200.50
:
: Internationales Recht, Ausländisches Recht
: English
: 542
: Wasserzeichen/DRM
: PC/MAC/eReader/Tablet
: PDF

The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.

Dedication5
Preface6
Acknowledgements9
Contents10
1 The Origins of Absolute Immunity of States15
2 The Development of Sovereign Immunity27
3 The Privileges and Immunities of States46
4 Restrictive Immunity in US. and U. K. Courts82
5 Private Suits Against African States in Foreign Courts114
6 African States and the Practice of State Immunity145
7 The ILC Report On Jurisdictional Immunities of States186
8 State Immunity and Certain Unresolved Problems219
9 State Immunity and Violation of International Law260
10 UN Draft Convention on State Immunity310
11 The Current Law of State Immunity325
12 Conclusion368
Appendix376
Bibliography515
Index532