| 書目名稱 | The State Immunity Controversy in International Law | | 副標題 | Private Suits Agains | | 編輯 | Ernest K. Bankas | | 視頻video | http://file.papertrans.cn/921/920312/920312.mp4 | | 概述 | Well-grounded analysis of state immunity.Explores other principles of international law in great detail.Expanded second edition to cover nine more chapters on international criminal law and the prosec | | 圖書封面 |  | | 描述 | .This book thoroughly discusses the concept of sovereign immunity in international law and how the problems normally associated with the said subject can be resolved in order to promote justice. In part one, the author shows through a careful analysis of the law that restrictive immunity does not have?.vox populi?.in developing countries and that it lacks?.usus.?.He also argues that forum law, i.e., the?.lex fori?.is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal..Furthermore, the state never acts as a juridical or natural person and, therefore, in logical terms, its functions cannot be divided into?.potere politico?.and.?persona civile?.as a prelude to determine jurisdiction. The said Italian doctrine, therefore, is?.ex-facie erroneous.,.?.and that a simple dichotomy between absolute immunity and restrictive immunity wholly predicated on the nature test alone would not be helpful in promoting justice. Hence the contextual approach, arbitration and comparative dominant theory are suggested as essential tools to supplement the UN Treat | | 出版日期 | Book 2022Latest edition | | 關(guān)鍵詞 | Convention on State Immunity; Immunity; International Criminal Justice; Ius Cogens; Jurisdiction; Jurisdi | | 版次 | 2 | | doi | https://doi.org/10.1007/978-3-662-64043-2 | | isbn_softcover | 978-3-662-64045-6 | | isbn_ebook | 978-3-662-64043-2 | | copyright | Springer-Verlag GmbH Germany, part of Springer Nature 2022 |
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