| Description |
1 online resource |
| Contents |
Part I. A general statement of principles -- Introduction -- An appraisal of state immunity -- State immunity and its enforcement -- Part II. Investment practice of state immunity -- Jurisdiction versus execution -- Conditions for enforcement -- Conservatory measures -- State property immune from execution -- Part III. Remedies of state immunity -- Existing remedies of state immunity -- Addressing the dilemma of state immunity : an alternative approach -- Conclusion |
| Summary |
"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"-- Provided by the publisher |
| Bibliography |
Includes bibliographical references |
| Notes |
Description based on onine resource; title from digital title page (viewed on June 26, 2023) |
| Subject |
International commercial arbitration.
|
|
Investments, Foreign (International law)
|
|
Jurisdiction (International law)
|
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Jurisdiction (International law)
|
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Investments, Foreign (International law)
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International commercial arbitration
|
| Form |
Electronic book
|
| ISBN |
9789811927799 |
|
9811927790 |
|
