State Immunity and International Investment Law

The book provides a sophisticated analysis of state immunity from an enforcement perspective and proposes a new approach to solve state immunity issues by setting up a central enforcement agency.

Format: Hardback
Length: 217 pages
Publication date: 10 July 2022
Publisher: Springer Verlag, Singapore

The book delves into a comprehensive analysis of state immunity from an enforcement perspective, encompassing a wide range of legal techniques for enforcing arbitral awards against sovereign states. In addition to addressing state immunity through judicial channels, the book also explores notable non-judicial remedial measures that can assist aggrieved investors in pursuing their claims against state parties involved in disputes. These measures serve as supplementary tools to enhance the effectiveness of judicial remedies or as standalone solutions when legal avenues appear (or prove to be) inadequate.

Recognizing the challenges posed by a lack of universal agreement on state immunity and the diverse and, at times, inadequate enforcement options available to aggrieved claimants, the book proposes a novel approach to address these issues. The international community must strive towards establishing a central enforcement agency, a functional model that ensures the effective enforcement of arbitral awards against sovereign states.

This comprehensive exploration of state immunity and enforcement mechanisms is essential for legal practitioners, policymakers, and scholars alike. It sheds light on the complexities involved in resolving disputes between sovereign states and provides valuable insights into the potential avenues for dispute resolution and recovery. By advocating for a centralized enforcement agency and promoting a functional model of enforcement, the book contributes to the development of a more robust and efficient system for resolving international disputes.

Weight: 512g
Dimension: 235 x 155 (mm)
ISBN-13: 9789811927782
Edition number: 1st ed. 2022