Immunities from Jurisdiction in International Law

1. Auflage 2018
ISBN: 978-0-19-955031-9
Verlag: Oxford University Press

Buch, Englisch, 352 Seiten, Format (B × H): 156 mm x 234 mm

Reihe: Foundations of Public International Law

The topic of immunities from jurisdiction in international law is perhaps one of the most controversial in modern international relations. At one level, immunities such as diplomatic and state immunity are regarded as anachronistic; existing only to shield states and their officials from the normal processes of law, either civil or criminal. At another level, immunities are identified as essential safeguards to the proper functioning of relations between states.

This book seeks to analyse and critically evaluate these apparently dichotomous understandings of the concept of immunities. It provides an analysis of the historical development of, and the theoretical justifications for, international immunities before turning to consider the substantive law relating to each of the major forms of immunity. Finally, the book examines current challenges to the sustainability of the law of international immunities, including recent developments in the fields of human rights and international criminal law, as well as developments in international trade and investment.

By focusing on the law of international immunities as a whole the book is able to highlight the inter-relationship of concepts common to the various substantive forms of immunity from jurisdiction. To this extent, the book does not provide a detailed exposition of the relevant black-letter law but is intended to be an examination of first principle. Ultimately, the book argues that the sustainability of international immunities in general is dependent on a clearer distinction being drawn between various types of immunity, in particular the central distinction between immunity rationae materiae and immunity rationae personae.

Zielgruppe

Academics, scholars, and advanced students of public international law, diplomatic law, international and foreign relations law, and immunities

Autoren/Hrsg.

Barker, J. Craig

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Strafrecht, Internationales Verfahrensrecht

Inhaltsverzeichnis

Introduction
Part I International Immunities From Jurisdiction - An Overview
1: Historical and Theoretical Overview
2: The Law of Diplomatic and Consular Immunity
3: The Law of State Immunity
4: Head of State Immunity and the Immunity of Other State Officials
5: Immunities of International Organizations
Part II Absolute vs Restrictive Immunity
6: The Public/Private Divide
7: Immunity Rationae Materiae and Immunity Rationae Personae - The Case for Separate Treatment
Part III Wither International Immunities?
8: Recent Developments in International Law: Challenges to State Sovereignty
9: The Future Role of International Immunities

Über Autor(innen)

J. Craig Barker, Professor of Law, University of Sussex

Barker was educated at the University of Glasgow where he completed his LLB and PhD, the latter on the subject of ". He qualified as a solicitor in Scotland in 1993, completing his training with Dickson Minto WS in Edinburgh and London. Barker joined the School of Law, University of Reading as a lecturer in 1993 and was appointed to a senior lectureship in 2000. He joined the Sussex Law School in 2004 as Professor of Law and has served as Director of Research since his appointment. Barker is the author of 3 previous monographs, including, most recently, The Protection of Diplomatic Personnel (Ashgate, 2006), and has edited a number of books, and is one of the editors of the highly regarded Encyclopaedic Dictionary of International Law (OUP, 2003).