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The State Immunity Controversy in International Law: Private Suits Against Sovereign States in Domestic Courts [Hardcover]

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Item description for The State Immunity Controversy in International Law: Private Suits Against Sovereign States in Domestic Courts by Ernest K. Bankas...

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.





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Item Specifications...


Pages   541
Est. Packaging Dimensions:   Length: 9.37" Width: 6.38" Height: 1.42"
Weight:   1.98 lbs.
Binding  Hardcover
Release Date   Aug 22, 2005
Publisher   Springer
ISBN  3540256954  
ISBN13  9783540256953  


Availability  103 units.
Availability accurate as of Jan 23, 2017 06:04.
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Product Categories

1Books > Subjects > Law > Constitutional Law > Constitutional Law
2Books > Subjects > Law > General
3Books > Subjects > Law > Law Practice > Law
4Books > Subjects > Professional & Technical > Law > Constitutional Law > General
5Books > Subjects > Professional & Technical > Law > International Law
6Books > Subjects > Professional & Technical > Law > Law Practice > Reference



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