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Book Cover
E-book
Author Foakes, Joanne

Title The position of heads of state and senior officials in international law / Joanne Foakes
Edition First edition
Published New York, New York : Oxford University Press, 2014
©2014

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Description 1 online resource (256 pages) : illustrations, tables
Series The Oxford International Law Library
Oxford international law library.
Contents Cover; The Position of Heads of State and Senior Officials in International Law; Copyright; Preface; Contents; Table of Cases; Table of Treaties and Legislation; List of Abbreviations; Note on Citations; 1 Overview and General Principles; 1. Introduction; 2. Summary of Key Issues; 3. Types of Immunity; 4. Justifications for Special Treatment; 5. Historical Background and Context; Early theories; Formulation of a general rule; State immunity: the restrictive doctrine; 6. Applicability of Rules of International Law Generally; Customary international law
Endorsement of specific rules by ICJ or other international courts or tribunalsEndorsement of specific rules by national courts; 2 Heads of State; 1. Constitutional Forms and Titles; 2. Internationally Relevant Powers; The power to make war and peace; The treaty-making power; Appointment and reception of diplomatic representatives; Ius repraesentationis omnimodae; 3. Recognition; General principles; Constituent territories of federal States; Deposition and exile; Role of the Executive: sitting heads of State; Role of the Executive: former heads of State
4. Protection, Privileges, and ImmunitiesFreedom of movement; Freedom of communication; Dignity; Protection; Inviolability; Immunity from suit before foreign courts; Immunity of property; Exemption from dues and taxes, and customs duties; Families and Members of the Entourage; 3 Heads of Governments, Foreign Ministers, and Other Senior State Representatives; (A) Heads of Governments and Foreign Ministers; 1. Internal Forms and Titles; 2. Internationally Relevant Powers; 3. Recognition; 4. Protection, Privileges, and Immunities; 5. Families; (B) Other Senior State Representatives
1. Personal Immunities2. Special Missions; 4 Position After Loss of Office; 1. General Principles; Relationship with State immunity; State immunity and State responsibility; Comparison between criminal responsibility and civil liability; 2. Acts Performed in an Official Capacity; What is an official act?; Criminal proceedings; Civil proceedings; Necessity for functional immunity to be invoked; 3. Private Acts; 5 International Responsibility of Heads of States and Other Senior State Representatives; 1. State Responsibility; 2. Individual Responsibility; History and general principles
The Nuremberg International Military TribunalThe Tokyo International Military Tribunal; Relevant international conventions; 3. International Courts and Tribunals; The International Criminal Tribunal for Yugoslavia; The International Criminal Tribunal for Rwanda (ICTR); The International Criminal Court (ICC); 4. Hybrid Courts and Other Internationalized Domestic Courts and Tribunals; The Special Court for Sierra Leone (SCSL); The Extraordinary Chambers of Cambodia; The Special Tribunal for Lebanon (STL); Other internationalized tribunals; 5. Immunities before International Courts
Summary The legal position in international law of heads of states and other senior state representatives is at the heart of the conflict thrown up by recent changes in the international legal order. The establishment of the International Criminal Court and the ad hoc criminal tribunals reflects a growing belief that heads of states and other senior state representatives should be held accountable for serious violations of international law. It is now questioned whether foreign states andtheir officials still have immunity from proceedings concerning grave human rights abuses in national courts. This b
Bibliography Includes bibliographical references and index
Notes Print version record
Subject International law.
Heads of state.
Heads of state
International law
Form Electronic book
ISBN 9780191632167
0191632163