State Immunity in International Law [Hardcover]

Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.Xiaodong Yang examines the cases in which a State can be sued in a foreign domestic court for commercial transactions and other trading activities, employment and labour disputes, personal injuries and damage to property, confiscation of private property and violations of human rights.Xiaodong Yang examines the cases in which a State can be sued in a foreign domestic court for commercial transactions and other trading activities, employment and labour disputes, personal injuries and damage to property, confiscation of private property and violations of human rights.The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.Introduction; 1. The history of state immunity; 2. General principles; 3. Commercial activity; 4. Contracts of employment; 5. Non-commercial torts; 6. Separate entities; 7. Expropriation; 8. Waiver of immunity; 9. Measures of constraint; 10. State immunity and human rights violations; 11. The genesis of the UN convention; General conclusions. Domestic judgments are statl£ž