The 2005 UN Convention on State Immunity in Perspective

2006 ◽  
Vol 55 (2) ◽  
pp. 395-398 ◽  
Author(s):  
Eileen Denza
Keyword(s):  
International Law ◽  
National Level ◽  
Modern World ◽  
Public International Law ◽  
The Past ◽  
National Courts ◽  
State Immunity ◽  
Frame Work ◽  
Cross Fertilization

State immunity is highly unusual among established areas of public international law in that it has been created and developed largely through cases in national courts and through national legislation. In sharp contrast to diplomatic and consular privileges and immunities, the role of reciprocity and of diplomatic negotiation in shaping the rules of state immunity has been rather limited. While national courts have purported to apply these rules as international law, they have inevitably viewed them within the frame-work of the constitutional approach taken by the particular national legal order to rules of international law and they have looked to earlier national precedents rather than to cases in other jurisdictions. In consequence, cross-fertilization has been rather limited and the process of response by national courts to the changing functions of States in the modern world has been painfully slow. Over the past 30 years, the uncertainties and inadequacies of leaving state immunity rules to national courts has been addressed mainly through national statutes—but while the draftsmen and legislators have paid careful attention to other statutes and tried to follow their best features, this process has compounded the perception of the courts that state immunity is an area of national law, to be interpreted and refined at national level.

National Legislatures

2018 ◽  
Author(s):  
Kevin L. Cope ◽  
Hooman Movassagh
Keyword(s):  
International Law ◽  
Common Law ◽  
Court Decisions ◽  
Domestic Court ◽  
Comparative Analyses ◽  
Judicial Decisions ◽  
National Courts ◽  
Legislative Branch ◽  
National Legislatures

One critique of some common-law comparative legal academies is their intensively “court-centric” focus, which, some believe, “marginalize[s]” the role of the legislative branch. The same may be said of the extant comparative international law literature: most of it concerns the interpretive approaches of national courts. In fact, one of the field’s seminal pieces characterizes comparative international law as involving “comparative analyses of various domestic court decisions.” Not surprisingly, then, nearly all of this volume’s contributions deal mostly or exclusively with courts and judicial decisions. We agree that courts can play a large part in diversifying how international law works across different systems, but we contend that the foundation of the comparative international law project lies elsewhere. We argue that among the most important and underappreciated interpretative acts—and therefore, those currently most needing study—are the international law interpretations of national legislatures.

The Role of Geo-location Technologies

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Law Reform ◽  
Private International Law ◽  
Current Effect ◽  
Public International Law ◽  
The Road ◽  
On The Road

This chapter explores the role geo-location technologies may play on the road towards achieving jurisdictional interoperability. The relevant technologies involved are introduced briefly, their accuracy examined, and an overview is provided of their use, including the increasingly common use of so-called geo-blocking. Attention is then given to perceived and real concerns stemming from the use of geo-location technologies and how these technologies impact international law, territoriality, and sovereignty, as well as to the role these technologies may play in law reform. The point is made that the current ‘effect-focused’ rules in both private international law and public international law (as those disciplines are traditionally defined), are likely to continue to work as an incentive for the use of geo-location technologies.

Understanding the Functions of Jurisdictional Law

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Legal Philosophy ◽  
Law Reform ◽  
The Internet ◽  
Private International Law ◽  
Public International Law ◽  
Important Concept ◽  
Definition Of

This chapter takes us into the domain of legal theory and legal philosophy as it places the questions of Internet jurisdiction in a broader theoretical, and indeed philosophical, context. Indeed, it goes as far as to (1) present a definition of what is law, (2) discuss what are the law’s tools, and (3) to describe the roles of law. In addition, it provides distinctions important for how we understand the role of jurisdictional rules both in private international law and in public international law as traditionally defined. Furthermore, it adds law reform tools by introducing and discussing the concept of ‘market sovereignty’ based on ‘market destroying measures’––an important concept for solving the Internet jurisdiction puzzle.

Features of ILM for the 1960's

1969 ◽  
Vol 8 (I1) ◽  
pp. xi-xii
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
Developed Countries ◽  
Military Force ◽  
International Arbitration ◽  
National Courts ◽  
The Developed Countries

The contents of ILM for the period from 1962 to 1969 reflect several significant developments: (1) the entry on the international scene of many new countries and their establishment of relations with the developed countries, particularly in the fields of commerce and trade and of investment; (2) the prevalence of armed conflict and the use of military force in the unsettled conditions resulting from the decolonization process and from continued antagonisms between the superpowers; (3) the pervasive role of international organizations, both global and regional, general and specialized; and (4) the continued predominance of national courts in the judicial consideration of questions of international law and the shift from general to specialized tribunals in the resolution of disputes by international arbitration and adjudication.

The historical role of the UN in the modern world

2021 ◽  
pp. 6-21
Author(s):  
L. Grishaeva
Keyword(s):  
International Law ◽  
New World ◽  
International Security ◽  
Modern World ◽  
World War ◽  
Global Organization ◽  
Global Problems ◽  
Historical Role ◽  
Historical Origins

The author writes about the historical role of the United Nations in the modern world. About the historical origins of many of the problems facing the UN at the present time. About the UN as a global organization with universal competence and a broad representative composition. On the UN Charter, which is the basis for the legitimacy of decision-making to maintain peace and strengthen international security. On the urgent need to restore the rule of international law in solving global problems. On the erosion of the Yalta system and the need to preserve the unique architecture of the UN. About the reasons allowing the UN to prevent a new world war for 75 years.

scholarly journals Reviewing the National Courts in Creating Orderly International Law and Community

2017 ◽  
Vol 3 (2) ◽  
pp. 148
Author(s):  
Johanis Leatemia
Keyword(s):  
International Law ◽  
National Court ◽  
National Interest ◽  
The Other ◽  
Peaceful Coexistence ◽  
National Sovereignty ◽  
Customary International Law ◽  
National Courts ◽  
The One

Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

scholarly journals COVID-19: Anthropocene and Capitalocene Caused Pandemics

2020 ◽  
Vol 14 ◽  
pp. 15-21
Author(s):  
Madhusudan Subedi
Keyword(s):  
National Level ◽  
Epidemiological Studies ◽  
Historical Inquiry ◽  
Journal Articles ◽  
Global Effect ◽  
The Past ◽  
Fundamental Causes ◽  
History Of ◽  
To Come

  Most epidemiological studies focus on the direct causes of diseases while wider, social causal factors are ignored. This paper briefly highlights the history of major epidemics and the role of Anthropocene and Capitalocene for the emergence and reemergence of pandemics like COVID-19. Books, journal articles, and statistics offer information that can explain the phenomena. A historical inquiry can inform us about the fundamental causes of pandemics. Human security and ecology are intertwined, and the global effect of pandemics responded to at the national level is inadequate. The lessons from the past and present help us devise effective ethically and socially appropriate strategies to mitigate the threats. If the present crisis is not taken seriously at the global level, the world has to face more difficult challenges in years to come.

Reaching the New Tourist Through Creativity

2022 ◽  
pp. 231-245
Author(s):  
Christian Stipanović ◽  
Elena Rudan ◽  
Vedran Zubović
Keyword(s):  
Economic Development ◽  
Cultural Heritage ◽  
Social Status ◽  
Vital Role ◽  
Modern World ◽  
Economic Activities ◽  
Tourist Destinations ◽  
The Past ◽  
Opening Up

In today's modern world, creative expression is opening up new dimensions of business and new opportunities for economic development. One field of economic activities in which this is evident is tourism. Creativity in tourist destinations can be viewed in different ways, for example, through creative action (undertaken by destination management, residents, entrepreneurs, and tourists) and through creative spaces and creative events. Creativity plays a vital role in all elements involved in the creation of a destination's offering, regardless of which form of tourism is the focus of development efforts. Given the growing role of self-actualisation of individuals in society and the displaying of social status, creativity has in the past 20 years begun to positively impact on economy activities taking place in tourist destinations. Creativity is especially important in developing cultural tourism in all its sub-types, where it is seen as a means of animating and adding value to cultural heritage locations.

4. Interpreting the Convention

2017 ◽  
Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Andclare Ovey
Keyword(s):  
Human Rights ◽  
International Law ◽  
European Convention ◽  
Vienna Convention ◽  
Public International Law

This chapter analyses the interpretation of the European Convention on Human Rights (ECHR). It explains that there are key themes which have dominated the interpretation of the Convention: the purposive and the evolutive interpretations. The chapter describes the approach of the Strasbourg Court to the interpretation of the ECHR and evaluates the influence of the Vienna Convention. It suggests that the interpretation of the Convention builds on the rules of public international law on the interpretation of treaties and has remained broadly consistent with those principles, and that the role of the Strasbourg Court is casuistic.

Part III The Current International Law of State Immunity, 16 State Immunity from Enforcement: General Aspects

2015 ◽  
Author(s):  
Fox Hazel ◽  
Webb Philippa
Keyword(s):  
International Law ◽  
General Survey ◽  
Commercial Property ◽  
Commercial Use ◽  
National Courts ◽  
State Immunity ◽  
Foreign State ◽  
State Practice ◽  
General Aspects ◽  
State Territory

This chapter provides a general survey of State practice and an analysis of the elements involved in immunity from enforcement as provided by UNCSI in its Part IV on State Immunity from Measures of Constraint. State immunity continues to bar to a very large extent the enforcement of judgments given by national courts against foreign States. Again and again thwarted judgment creditors have sought to attach assets of foreign States within the forum State territory, only to be refused orders for execution by national courts. Nonetheless, change is taking place, with a number of national courts, applying the now widely recognized exception to enforcement in respect of commercial property in commercial use, seeking additional ways to render enforcement immunity less absolute in respect of the adjudicated liabilities of the foreign State.

Sign in / Sign up

Export Citation Format

Share Document