It is a great pleasure to introduce this new commentary on the State Immunity Act. It is both scholarly and intensely practical. I am confident that it will be welcomed by a wide readership as an important contribution to this intriguing subject.
The Right Hon Lord Lloyd-Jones, Justice of the Supreme Court
More than 45 years after its adoption, the State Immunity Act 1978 remains the principal source of rules as to the immunities and privileges of foreign States and related persons before the courts of the United Kingdom. Although the legislative text has changed relatively little in that period, the ever-growing body of case law in the UK courts has more clearly defined its contours and limitations and clarified its relationship with other rules of municipal and international law.
This work provides a detailed commentary on the provisions and operation of the State Immunity Act 1978 in the United Kingdom as well as the surrounding legal framework. Delivering a comprehensive section-by-section analysis, it outlines the context, background, and legislative history to the Act. Furthermore, it explores the Act's relationship to other aspects of domestic law and to international law, including common law, the European Convention on State Immunity, customary international law, human rights instruments, and other international law immunities and conflict of laws rules. In examining this remarkable and influential piece of legislation, the work highlights issues that remain controversial and proposes solutions to the doctrinal and practical difficulties that arise when applying its provisions.
Written by authors with significant experience in dealing with issues of immunity as practitioners as well as extensive knowledge of the surrounding academic debates, this commentary provides expert guidance for practitioners and judges faced with questions of state immunity law in the UK and internationally, and will be of great value to academics with an interest in this branch of international law.
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The immunity of foreign states is a key issue in many cases before UK courts, and UK law on this topic has been influential in developing international law. This work provides a comprehensive commentary on the provisions, interpretation, and application of the State Immunity Act 1978 and the surrounding legal framework in the United Kingdom.
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1: Introduction and Legislative History
2: The Surrounding Legal Framework
3: Structure of the 1978 Act
4: Immunity from Jurisdiction
5: Submission to Jurisdiction
6: Commercial Transactions and Related Obligations
7: Contracts of Employment
8: Personal Injury and Damage to Property
9: Ownership, Possession, and Use of Property
10: Intellectual and Industrial Property
11: Companies and Other Collective Bodies
12: Arbitration
13: Admiralty Proceedings
14: Taxation Matters
15: Service of Process and Judgments in Default
16: Enforcement Jurisdiction
17: The State, Separate Entities, Central Banks, and Constituent Territories
18: Power to Amend Part I
19: Savings and Excluded Matters
20: Interpretation (Part I of the 1978 Act)
21: Foreign Judgments
22: Heads of State and Related Persons
23: Facts of State and Executive Certificates
24: Interpretation (General)
25: Final Provisions
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Andrew Dickinson is Professor of the Conflict of Laws and a Fellow and Senior Tutor of St Catherine's College at the University of Oxford. He is an Honorary Senior Fellow at the British Institute of International and Comparative Law, and a long-standing member of the UK Ministry of Justice's Advisory Committee on Private International Law (Mance Committee). Andrew is also one of the specialist editors of Dicey, Morris and Collins, The Conflict
of Laws (16th edition, Sweet & Maxwell, 2022) with responsibility for chapters on the law applicable to contractual and non-contractual obligations. Alexander Thompson is a barrister at Twenty Essex in London. He has an
international and commercial law practice with particular specialisms in public international law, arbitration, and the conflict of laws. Alexander appears in arbitration and court proceedings in England and worldwide for and against governments, State-entities, international organisations, corporate clients, and individuals.
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Provides detailed section-by-section commentary on the State Immunity Act 1978 (UK)
Includes fully up to date coverage of relevant UK case law on the law of state immunity as well as comparative material
Written by authors with practical expertise in handling litigation involving States and related persons
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Produktdetaljer
ISBN
9780192855350
Publisert
2025
Utgiver
Oxford University Press
Vekt
959 gr
Høyde
252 mm
Bredde
175 mm
Dybde
30 mm
Aldersnivå
P, UP, 06, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
464