State Immunity in International Law

Xiaodong Yang

2012년 9월 · Cambridge Studies in International and Comparative Law 89권 · Cambridge University Press

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The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.

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Xiaodong Yang was a lecturer in law at the University of Aberdeen when he wrote this book. He now works as a legal officer for the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization in Vienna.