State Immunity: An Analytical and Prognostic ViewMartinus Nijhoff Publishers, 1984. gada 30. marts - 243 lappuses Ours is a world in which the volume of the external trade of the vast majority of nations has greatly expanded and continues to be on the rise. Transnational intercourse of all kinds is now a feature of an interdependent world economy in which no nation can afford to stand aloof from a market-place which has assumed global dimensions. It is also a world where many nations, and not only of the Socialist bloc, conduct some of their transnational business themselves, or else they entrust it to state-owned cor porations and to agencies of the state. In these circumstances it becomes of prime importance to know whether a foreign state or an agency or instrumentality thereof can be sued before the local courts and, if so, whether the final judgement obtained can be enforced against the funds or property of the judgement debtor. The question of the immunity of states from suit and from execution is thus one of direct practical relevance not only to the legal profession but also to governments and the business and banking communities all over the world. The economic effects of a particular legal stand on state immunity are obvious. The position of national courts on state immunity can either attract more business or discourage further dealings with foreign states or their agencies. It can thus affect the balance of payments and, in general, the role the country plays in the world market. |
Saturs
Introduction | 1 |
Historical Background | 9 |
Emergence of a Specific Rule of State Immunity | 21 |
The Transition to Restricted Immunity | 41 |
Proposed Criteria for the Distinction between | 63 |
Some Theoretical Considerations | 73 |
Inferences Regarding State Immunity | 79 |
Common Ground between Absolutists | 99 |
Immunity from Execution | 107 |
Immunity From Suit | 115 |
Immunity From Execution | 129 |
The Work of Learned Bodies | 141 |
Conclusions | 149 |
237 | |
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absolute immunity action in rem acts jure imperii agency or instrumentality agreement appears apply to proceedings arbitration arising Article bona vacantia Brussels cargo case-law claim immunity commercial activity commercial purposes commercial transaction consular contract Corte di Cassazione Council of Europe Cour de Cassation Court of Appeals decision denying immunity diplomatic dispute distinction draft convention European Convention European Tribunal exercise foreign government foreign state's immovable property immu immune as respects immune from attachment Immunity Act 1978 immunity from execution immunity from suit injury international law International Law Association International Law Commission judgment juristic juristic person Lord Denning ment munity nity non-immunity obligations Pakistan paragraph parties present Protocol private acts provisions public acts question reciprocity references Republic respects proceedings relating restrictive doctrine restrictive immunity Schooner Exchange seven instruments ship Singapore sovereign immunity sovereignty submit supra note tion torts trade transnational U.S. Act United Kingdom vessel waiver