The Law of State Immunity

Introduction; Part I: General Concepts; 1 The Institution of Proceedings and the Nature of the Plea of State Immunity; 2 The Three Phases of the Concept of State Immunity; 3 Act of State and Non-Justiciability Distinguished from State Immunity in Proceedings relating to a Foreign State; 4 State Immunity and Jurisdiction: Immunity from the Civil and Criminal Jurisdiction of National Courts; 5 The Relationship of State Immunity to Other Immunities; Part II: The Sources of the Law of State Immunity; 6 A Review of the Sources: Treaties and Projects for Codification; 7 The Restrictive Doctrine of State Immunity: Its Recognition in State Practice; 8 English Law: The UK State Immunity Act 1978; 9 US Law: The Foreign Sovereign Immunities Act 1976; 10 The 2004 UN Convention on Jurisdictional Immunities of States and their Property: General Aspects; Part III: The Current International Law of State Immunity; 11 The Definition of the Foreign State; 12 The Consent of the Foreign State, Express and Implied: Waiver and the Arbitration Exception; 13 Exceptions to State Immunity: The Concept of Commerciality; 14 Immunity from Adjudication: The Commercial and Related Exceptions to State Immunity; 15 Immunity from Adjudication: The Exception for Personal Injuries and Jurisdiction over Acts in Violation of International Law; 16 State Immunity from Enforcement; Part IV: Conclusions; 17 Conclusions and Future Models; Appendix 1: UN General Assembly Resolution 59/38 of 16 December 2002; Appendix 2: Annex: UN Convention on Jurisdictional Immunities of States and their Property; Appendix 3: Sixth Committee Summary Record of the 13th Meeting, 59th Session of General Assembly, 25 October 2004

Lady Fox CMG, QC (Hazel), was formerly Director of the British Institute of International and Comparative Law and General Editor of the International and Comparative Law Quarterly. She is a member of the Institut de Droit international; Bencher of Lincoln's Inn; Honorary Fellow of Somerville College, University of Oxford; member of the International Law Association Committees on State Immunity, Diplomatic Protection, and Reparation for Victims of War Damage; and Barrister at 4-5 Gray's Inn Square. ; Philippa Webb is Lecturer in Public International Law at the Dickson Poon School of Law, King's College London. From 2006 to 2009, she was the Legal Officer and Special Assistant to Dame Rosalyn Higgins, President of the International Court of Justice. Prior to that, she had served as Associate Legal Adviser to the Prosecutor of the International Criminal Court (2005-2006), Law Clerk to Judges Higgins and Owada of the ICJ (2004-2005), and Associate Officer at the United Nations in New York