Yang X. State Immunity in International Law

Cambridge University Press, 2012. — 944 p. — ISBN: 0521844010The 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 organizations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyzes 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.Foreword by Professor James Crawford
Preface and acknowledgmentsTable of cases
Legal instruments and codification documentsThe history of State immunity
General principles
Commercial activity
Contracts of employment
Non-commercials torts
Separate entities
Expropriation
Waiver of immunity
Measures of constraint
State immunity and human rights violation
The genesis of the UN Convention
General conclusions