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Table of contents (12 chapters)
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Front Matter
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Back Matter
Keywords
About this book
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, arbitration and comparative dominant theory are suggested instead in the resolution of this elusive problem.
Authors and Affiliations
Bibliographic Information
Book Title: The State Immunity Controversy in International Law
Book Subtitle: Private Suits Against Sovereign States in Domestic Courts
Authors: Ernest K. Bankas
DOI: https://doi.org/10.1007/3-540-27883-4
Publisher: Springer Berlin, Heidelberg
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer-Verlag Berlin Heidelberg 2005
Hardcover ISBN: 978-3-540-25695-3Published: 30 June 2005
eBook ISBN: 978-3-540-27883-2Published: 05 December 2005
Edition Number: 1
Number of Pages: XVIII, 542
Topics: Public International Law