State Immunity Selected Materials and Commentary

by Dickinson, Andrew; Lindsay, Rae; Loonam, James P.

• ISBN13: 9780199243266
• ISBN10: 0199243263
• Format: Hardcover
• Copyright: 2004-06-03
• Publisher: Oxford University Press

Summary

The past 30 years have seen important legal developments in relation to the immunities and privileges enjoyed by the subjects of international law, not least the enactment in several jurisdictions of detailed legislation on these issues. The editors provide detailed annotations and commentary on a large range of key materials, including international agreements and domestic legislation, concerning the immunities of states, international organisations, diplomatic missions and consular posts. Focusing on legislation in the United Kingdom and the United States of America, the commentary looks at the application of immunities and privileges as well their practical significance for practitioners in both jurisdictions. The text will be fully cross-referenced and indexed.

Author Biography

Clifford Chance is unique in having a dedicated International Law Group, based in London, comprising lawyers who specialize in all aspects of public and private international law. The Group is frequently consulted on matters of considerable sensitivity, and has substantial experience of managing large and complex cases and of co-ordinating the response of governments, other organizations and entities (both public and private) to them. They represent clients in international claims tribunals in the English courts and in other domestic and regional tribunals, and undertake a wide range of advisory work.

Table of Contents

Table of Cases	xv
Tables of Legislation and Other Materials	li
Table of Abbreviations	lxxxix
PART 1 TREATIES
Convention for the Unification of Certain Rules Concerning the Immunity of State-owned Ships (Brussels, 10 April 1926) and Additional Protocol (Brussels, 24 May 1934)	1	(9)
European Convention on State Immunity, Additional Protocol and Explanatory Reports	10	(61)
Statute of the International Criminal Court (Rome, 17 July 1998) (Extract)	71	(10)
PART 2 OTHER INTERNATIONAL MATERIALS
ILC Final Draft Articles and Commentary on Jurisdictional Immunities of States and their Property (1991)	81	(98)
Report of the Ad Hoc Committee on Jurisdictional Immunities of States and Their Property (24-28 February 2003)	179	(15)
International Law Association Revised Draft Articles for a Convention on State Immunity (Buenos Aires, 14-20 August 1994)	194	(7)
Organization of American States: Inter-American Draft Convention on Jurisdictional Immunity of States	201	(5)
Resolution of L'Institut de Droit International on Contemporary Problems Concerning the Immunity of States in Relation to Questions of Jurisdiction and Enforcement (Basle, 2 September 1991)	206	(6)
Resolution of L'Institut de Droit International on Immunities from Jurisdiction and Execution of Heads of State and of Government in International Law	212	(5)
PART 3 UNITED STATES OF AMERICA
Foreign Sovereign Immunities Act 1976	217	(112)
PART 4 UNITED KINGDOM
State Immunity Act 1978	329	(114)
State Immunity Bill (H.L.)	443	(18)
PART 5 OTHER NATIONAL LEGISLATION
Argentina: Inmunidad Jurisdiccional de los Estados Extranjeros ante los Tribunales Argentinos (Spanish, with unofficial translation)	461	(8)
Australia: Foreign States Immunities Act 1985	469	(19)
Canada: State Immunity Act	488	(8)
Pakistan: The State Immunity Ordinance	496	(8)
Singapore: State Immunity Act	504	(9)
South Africa: Foreign States Immunities Act	513	(10)
Index	523