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State Immunity and International Investment Law

ISBN13: 9789811927782
Published: July 2022
Publisher: Springer-Verlag
Country of Publication: Singapore
Format: Hardback
Price: £109.99

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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.

International Investment Law
List of Abbreviations
Part I. A General Statement of Principles
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
Existing Remedies of State Immunity
Addressing the Dilemma of State Immunity: An Alternative Approach