The state immunity controversy in international law : private suits against sovereign states in domestic courts /

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Bibliographic Details
Author / Creator:Bankas, Ernest K. (Ernest Kwasi)
Imprint:Berlin ; New York : Springer, 2005.
Description:1 online resource (xvii, 541 p.)
Language:English
Subject:
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/8876658
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ISBN:9783540278832
3540278834
Notes:Revision of the author's thesis (doctoral)--University of Durham.
Includes text of legislation and treaties.
Includes bibliographical references (p. [517]-533) and index.
Description based on print version record.
Summary:Shows through an analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks uses. The author also argues that forum law, the lex fori is a creature of sovereignty and between equals before the law, only what is understood as law among states must be applied in the legal system is horizontal.
Other form:Print version: Bankas, Ernest K. (Ernest Kwasi). State immunity controversy in international law. Berlin ; New York : Springer, 2005 3540256954 9783540256953
Table of Contents:
  • The Historical Origins of the Concept of Absolute Immunity of States
  • The Development of the Doctrine of Sovereign Immunity
  • A Claim Against France Before American Courts and its Aftereffects
  • The Rights and Immunities of States in Foreign Courts
  • A Study of Absolute Immunity of States
  • The Changing Law of Sovereign Immunity in U.S. and U.K. Courts
  • A Look at the Restrictive Immunity Rule
  • Private Suits Against African Countries in Foreign Courts
  • The Practice of African States in the Matter of Jurisdictional Immunities of States
  • Is it Still Absolute Immunity or Restrictive Immunity
  • A Look at the ILC Report on Jurisdictional Immunities of Foreign States and Their Property
  • Sovereign States Before Foreign Courts
  • An Observation on Certain Unsettled or Lingering State Immunity Problems
  • State Immunity and the Violation of International Law
  • Some Recent Developments in the Law of State Immunity
  • The Acceptance of the Proposed UN Convention on Jurisdictional Immunities of States and Their Property, A Recent Development
  • The Current State of the Law of Sovereign Immunity
  • Conclusion: A Modest Proposal for Resolving the Sovereign Immunity Controversy