Author: Jan ŁopuskiPublisher:
ISBN:
Category :
Languages : en
Pages : 22
Book Description
Foreign Sovereign Immunity and Maritime Claims
Author: Jan ŁopuskiMaritime Law and the U.S. Foreign Sovereign Immunities Act
Author: Christopher G. OechsliPublisher:
ISBN:
Category : Immunities of foreign states
Languages : en
Pages : 46
Book Description
Immunity of State Ships as a Contribution Towards Unification of the Laws on the Subject
Author: Niichirō MatsunamiPublisher:
ISBN:
Category : Collisions at sea
Languages : en
Pages : 232
Book Description
Legal Status of Government Merchant Ships in International Law
Author: Thamarappallil Kochu ThommenPublisher: Springer
ISBN: 9401192693
Category : Law
Languages : en
Pages : 187
Book Description
This book is devoted to an examination of the legal status of govern ment merchant ships while on the high seas or in the waters of foreign states in time of peace. The object of this examination is to ascertain whether there is any rule of international law which accords such a ship a higher status than that of private merchant ships. Whether government merchant ships, unlike private ships, are entitled to certain immunities from the jurisdiction of foreign states is the question that we have set out to answer in this book. A discussion of the rules concerning the nationality of such a ship or the jurisdiction of the flag state over her does not find a place in this work. A government merchant ship may be defined as a merchant ship l owned or operated by a state. Immunity of a ship here means the exemption of a government ship from the jurisdiction of any state other than the flag state. This term also connotes the immunity of the flag state from the jurisdiction of the tribunals of foreign states in respect of proceedings connected with such a ship. Immunity of persons means the exemption of persons in the service of a govern ment ship, or other persons on board her, from the jurisdiction of any state other than the flag state.
Foreign Affairs Litigation in United States Courts
Author: John Norton MoorePublisher: Martinus Nijhoff Publishers
ISBN: 9004257284
Category : Law
Languages : en
Pages : 238
Book Description
Foreign Affairs Litigation in United States Courts collects essays by some of the nation’s top foreign affairs and international law experts to offer discussions on foreign sovereign immunity and the Foreign Sovereign Immunities Act, human rights litigation, foreign affairs taking actions with the Court of Federal Claims, the Foreign Claims Settlement Commission, and the Hague Convention on Choice of Court Agreements. This is an indispensable resource for attorneys and government officials focused on the role of the courts in foreign affairs, actions against foreign governments in United States courts, the Act of State Doctrine, foreign sovereign immunity, the Foreign Claims Settlement Commission, foreign affairs takings actions in the Court of Federal Claims, and choice of court in international litigation.
Admiralty in a Nutshell
Author: Frank L. MaraistPublisher: West Publishing Company
ISBN:
Category : Admiralty
Languages : en
Pages : 436
Book Description
Indicia of Jurisdiction; Scope of Maritime Jurisdiction; Substantive Maritime Law: Contracts for Carriage of Goods; Liens on Maritime Property; The Seaman's Employment Contract, Wages and Compromise of Claims; Marine Insurance; Towage and Pilotage; Salvage; General Average; Maritime Tort Law; Collision Law; Worker Injury Claims; Wrongful Death; Platform Injuries; Sovereign Immunity; Joint and Several Liability, Indemnity and Contribution; Limitation of Liability; Jurisdiction and Procedure in Maritime Claims.
The Foreign Sovereign Immunities Act Deskbook
Author: Ernesto J. SanchezPublisher: American Bar Association
ISBN: 9781627220408
Category : Law
Languages : en
Pages : 0
Book Description
With the rise of globalization, the contracts between private parties and foreign governments have inevitably increased cross-border legal disputes, making the FSIA a significant component of U.S. international dispute resolution practice. Foreign sovereign immunity issues are important to today's topical issues including the world-wide oil and natural gas industry, and the financial services industry.
State Immunity in International Law
Author: Xiaodong YangPublisher: Cambridge University Press
ISBN: 0521844010
Category : Law
Languages : en
Pages : 941
Book Description
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
The Law of State Immunity
Author: Hazel FoxPublisher: OUP Oxford
ISBN: 0191669768
Category : Law
Languages : en
Pages : 3290
Book Description
The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
Excessive Maritime Claims
Author: J. Ashley RoachPublisher: Martinus Nijhoff Publishers
ISBN: 900421772X
Category : Law
Languages : en
Pages : 997
Book Description
Now in a third, revised edition, Excessive Maritime Claims by J. Ashley Roach and Robert W. Smith is designed for law of the sea and maritime law specialists. The book draws on published governmental material in the public domain, specifically the U.S., and addresses recent progress in maritime security, proliferation of weapons of mass destruction by sea, piracy, and protection of underwater cultural heritage. As a result of significant developments in the law of the sea, primarily with reference to the 1982 Law of the Sea Convention, Excessive Maritime Claims provides up to date coverage of current affairs as well as introduce new topics such as: submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.