Sovereign Immunity Under Pressure: Norms, Values and Interests

This book provides a comprehensive analysis of the State immunity regime, exploring its historical development, current challenges, and developments in three dimensions: comparative perspective, interplay between State immunity and human rights, and relationship with financial obligations. It examines the diversity of State immunity regimes, the role of international customary law in shaping them, and the conflicts between national constitutional norms and international law concerning State immunity and human rights.

Format: Paperback / softback
Length: 485 pages
Publication date: 21 January 2023
Publisher: Springer Nature Switzerland AG

This comprehensive book delves into a critical analysis of the current challenges and developments within the framework of the State immunity regime. It explores three key dimensions: a comparative perspective on State immunity, the interplay between State immunity and the protection of human rights, as well as counter-terrorism measures. Additionally, it examines the intricate relationship between State immunity and the financial obligations of States.

Part I, titled "Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes," sets the stage by examining the diverse range of State immunity regimes at the national level. This part aims to explore the different approaches taken by individual states regarding sovereign immunity and their overall stance towards international law. It seeks to understand the reasons behind some states opting for a weaker State immunity regime by introducing numerous exceptions or interpreting them broadly, while others firmly advocate for a stronger immunity regime and occasionally rely on the doctrine of absolute immunity.

Part II, titled "International Customary Law of Sovereign Immunity, Human Rights, and Counter-Terrorism," delves into the profound impact of human rights and counter-terrorism on the law and practice of sovereign immunity. This part specifically highlights the role of national legislators and judges in shaping the development of international law, addressing emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights. It also explores potential avenues for reconciling these conflicts.

Part III, titled "Sovereign Immunity of States and their Financial Obligations," contributes to ongoing debates surrounding the multifaceted nature of States' financial obligations. In this part, the authors delve into perceptions of the underlying public-private law divide, examine cross-influences between public and private law in the context of State immunity, and explore the complexities involved in fulfilling States' financial responsibilities.

Overall, this book provides a comprehensive and insightful exploration of the State immunity regime, offering valuable insights into its historical evolution, contemporary challenges, and emerging trends. It serves as a valuable resource for scholars, policymakers, and practitioners alike, contributing to the ongoing dialogue on the intersection of international law, human rights, and State obligations.

Weight: 759g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030877088
Edition number: 1st ed. 2022