This updated Research Handbook presents a comprehensive analysis of the international law of jurisdiction and immunities, examining the mutual interdependence between the two as well as shedding light on the implications. Featuring diverse contributions from leading experts, emerging scholars, and practitioners, it provides an impartial perspective on the applicable international law.
Incorporating novel insights and recent developments, the Research Handbook covers key topics including the concept of universal jurisdiction, the differentiation of immunities from jurisdiction, and immunity claims in various types of judicial proceedings. It discusses the complex legal questions that arise when a state asserts its jurisdiction over persons that are based abroad or are not citizens of that state, and analyzes the immunity of foreign states and international organizations. Considering the impact of recent legislation, court cases and events, this revised second edition highlights ongoing trends and controversies surrounding jurisdiction and immunities in the context of international law.
This second edition of the Research Handbook on Jurisdiction and Immunities in International Law will benefit students, researchers, and educators in international public law. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.
Contents
Preface viii
1 State jurisdiction in international law: complexities of a basic concept 1
Alexander Orakhelashvili
2 The concept of jurisdiction in international law 37
Cedric Ryngaert
3 Universal jurisdiction: concept, logic and reality 53
Sienho Yee
4 State jurisdiction and the law of the sea 79
Yoshifumi Tanaka
5 State immunity from jurisdiction between law, comity and ideology 115
Alexander Orakhelashvili
6 Shared foundations and conceptual differentiation in immunities from
jurisdiction 141
J. Craig Barker and Jenna R. Clift
7 Immunity from the criminal jurisdiction of national courts 157
Elizabeth Helen Franey and Emma J. Breeze
8 The UK State Immunity Act 1978: history, scope and the relation to
international law 193
Alexander Orakhelashvili
9 Treaties on State immunity: the 1972 and 2004 Conventions 211
Alexander Orakhelashvili
10 Foreign state immunity: a private international law analysis 229
Richard Garnett
11 The status of armed forces in public international law: jurisdiction and
immunity 245
Aurel Sari
12 Immunity from execution 295
Xiaodong Yang
13 Torture, jurisdiction and immunity: theories and practices in search of one
another 337
François Larocque
14 Immunities and international criminal tribunals 371
Robert Cryer and Albert Nell
15 Jurisdictional immunity of international organizations: from abstract
functionality to absolute immunity 403
Alexander Orakhelashvili
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