ENGLISH

State Immunity and International Investment Law

By Zixin Meng

Book information

Publisher
Springer
Year
2022
ISBN
9789811927782, 9789811927799
Language
english
Format
PDF
Filesize
5 MB (4756367 bytes)
Pages
217\218
Topic
Jurisprudence Law
Time added
2022-08-20 11:36:27

Description

The book provides a sophisticated analysis of state immunity from an enforcement perspective. It covers all relevant legal techniques of enforcing an arbitral award against a sovereign state. Besides tackling the plea of state immunity through the courts, this book also covers notable non-judicial remedial measures which may aid the aggrieved investors in satisfying their claims against state parties to a dispute. These measures may be used either to enhance the effectiveness of judicial remedies or as stand-alone remedies when legal measures seem (or prove to be) ineffective. After having identified problems arising from a lack of universal agreement on state immunity and the diversity and, more dishearteningly, the inadequacy of forms of enforcement available to an aggrieved claimant, this book proposes a new approach to solve state immunity issues. The international community must work towards the setting up of a central enforcement agency, a functional model of enforcement. Contents Abbreviations Part I A General Statement of Principles 1 Introduction 2 An Appraisal of State Immunity The Basis for Immunity Dynamic Developments The New Economic Demands After the Second World War Changes in the Domestic Politico-Economic Systems The Emergence of the Doctrine of Restrictive Immunity 3 State Immunity and Its Enforcement No Convention Rules on Enforcement Status of State Immunity in Enforcement Proceedings Key Issues The Presumption of Immunity Immunity and Municipal Law Part II Investment Practice of State Immunity 4 Jurisdiction Versus Execution The Judicial Power of the Court The Distinction Between the Two Immunities The US FSIA The UK SIA The Practice of Other States Exceptions Issues Arising from Recent Developments Waiver of Immunity from Execution Broader Immunity with Respect to Execution 5 Conditions for Enforcement Waiver Commercial Exception The US FSIA in Court The UK SIA in Court The Practice of Other States Unresolved Issues Connection Requirements Subject-Matter Connection The Entity Connection Territorial Connection Separate Entity Ownership Executive Oversight or Authorization 6 Conservatory Measures Immunity as a Preliminary Issue The Conditions for Conservatory Measures Under the Same Conditions as Execution Under More Liberal Conditions Under More Restrictive Conditions 7 State Property Immune from Execution Diplomatic Property Diplomatic Premises Bank Accounts Held by Diplomatic Missions in the Forum State Cultural Centers and Information Offices Central Bank Funds Military Property Part III Remedies of State Immunity 8 Existing Remedies of State Immunity Existing Remedies Waiver of Immunity from Execution Diplomatic Protection Comfort Letter Earmarked Property Post-award Settlement Insurance Assignment of Award to a Third Party Human Rights Considerations Inducement Unresolved Issues Re-politicization Obsolete State-Centrism 9 Addressing the Dilemma of State Immunity: An Alternative Approach Community Authority and Effective Power A Centralized Enforcer The Target, the Creditor State or the Third-Party States Favor Peaceful Resolution of Disputes Public Policies Strategies Summary Appendix 1 Appendix 2 10 Conclusion Bibliography

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