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Introduction

Hazel Fox, Philippa Webb

From: The Law of State Immunity (Revised and Updated 3rd Edition)

Hazel Fox, QC, Philippa Webb

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 May 2024

Subject(s):
Diplomatic immunity — Act of state doctrine — Immunity from jurisdiction, absolute — Immunity from jurisdiction, states — Immunity from jurisdiction, waiver — Non-justiciability — Customary international law

The Introduction begins by defining the law of State immunity. The law of State immunity relates to the grant in conformity with the international law of immunities to States to enable them to conduct effective public functions and to the representatives of States to secure the correct conduct of international relations. The Introduction goes on to define the plea of immunity and outlines the functions which state immunity serves. It proceeds to examine the sources of the law of State immunity and looks in detail at recent developments in this. The Introduction then presents the three models on which immunity is based. These are: the absolute doctrine (the independence of the State), the restrictive doctrine, and immunity as a procedural plea. Finally, it outlines the structure of the rest of the book.

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