This book is the result of the Council of Europe Pilot Project on State Practice Regarding State Immunities carried out under the auspices of the Committee of Legal Advisers on Public International Law (CAHDI) since 2002. It presents and analyses the material submitted by 27 Member States and one Observer State of the Council of Europe, including decisions of national courts, relevant legislation and other documents.
The analytical report was undertaken by the Department of European, International and Comparative Law of the University of Vienna, the British Institute of International and Comparative Law and the Graduate Institute of International Studies, Geneva. It compares State practice with the relevant articles of the UN Convention, the European Convention on State Immunity and the draft articles prepared by academic institutions. It is the first in depth-analysis of European State practice in the field of State immunity. Such a broad analysis is essential, in particular for the ascertainment of customary international law.
This book is addressed to officials, practitioners engaged in business relations with foreign States, and academics.
âThe editors have done a remarkable job of synthesizing the raw data from so many judicial and legislative resources âincluding the U.N. and European Conventions on State Immunity-then packaging it all into a relatively concise but authoritative text â¦..[T]his will no doubt be one of the premiere resources, should States move in the direction of approaching State immunity more of a multilateral basisâ
ASIL Newsletter, Issue #36
Foreword;
Introduction;
List of contributors;
PART I â Analytical Report
Chapter 1- Definition of âStateâ;
Chapter 2 - The Definition of Commercial Acts;
Chapter 3 - The Distinction between State Immunity and Diplomatic Immunity;
Chapter 4 - Waiver of Immunity;
Chapter 5 - State Immunity Regarding Employment Contracts;
Chapter 6 - Personal Injuries and Damage to Property;
Chapter 7 - Ownership Possession and Use of Property;
Chapter 8 - Ships owned or Operated by a State;
Chapter 9 - Effect of an Arbitration Agreement;
Chapter 10 - State Immunity from Enforcement Measures;
PART II â Pilot Project of the Council of Europe on State Practice regarding State Immunities â Contributions of member States;
Appendices.
This book will be of interest to civil servants and practitioners engaged in business relations with foreign States, lawyers, including national judges, and academics in international and comparative law.