The Law of State Immunity

TABLE OF CONTENTS :

Introduction

PART I GENERAL CONCEPTS
1. The Institution of Proceedings and the Nature of the Plea of State Immunity
2. The Three Models of the Concept of State Immunity
3. The Plea of State Immunity Distinguished from Act of State and Non-justiciability 4 State Immunity and Jurisdiction: Immunity from the Civil and Criminal Jurisdiction of National Courts

PART II THE SOURCES OF THE LAW OF STATE IMMUNITY
5. A Review of the Sources: Treaties and Projects for Codification
6. The Restrictive Doctrine of State Immunity: Its Recognition in State Practice
7. English Law: The UK State Immunity Act 1978
8. US Law: The Foreign Sovereign Immunities Act 1976
9. The 2004 UN Convention on Jurisdictional Immunities of States and their Property: General Aspects and National Implementation

PART III THE CURRENT INTERNATIONAL LAW OF STATE IMMUNITY
10. The Definition of the Foreign State
11. The Consent of the Foreign State, Express and Implied: Waiver and the Arbitration Exception
12. The Concept of Commerciality
13. Immunity from Adjudication: The Commercial and Other Exceptions to State Immunity
14. Immunity from Adjudication: The Employment Exception in respect of (1) A Foreign State and (2) An International Organization
15. Immunity from Adjudication: The Territorial Tort Exception
16. State Immunity from Enforcement: General Aspects
17. The Three Exceptions to Immunity from Enforcement and the Five Categories of State Property listed as Immune

PART IV OTHER IMMUNITIES
18. Immunity of Individuals Acting on behalf of the State
19. International Organizations and Special regimes

PART V CONCLUSIONS
20. Taking Stock