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This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of State immunity. The major aim of this book is to clarify the conceptual confusion that has often marred the understanding of the law of the, different but interrelated, jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. The author intends to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.
Inhaltsverzeichnis
- Foreword
- Preface and Acknowledgments
- Introduction
- Part I. State Immunity
- Chapter 1. Historical Development and Rationale
- Chapter 2. Overview of Sources of Law of State Immunity
- Chapter 3. Scope of State Immunity
- Chapter 4. Competing or Conflicting Norms, and Related but Different Doctrine
- Part II. Immunity of International Organizations
- Chapter 5. Nature of International Organizations and Purpose of their Immunity
- Chapter 6. Legal Status of International Organizations
- Chapter 7. Sources of the Law of Immunity of International Organizations
- Chapter 8. Determination and Scope of Immunity of International Organizations
- Part III. Cross-cutting and Confused Concepts
- Chapter 9. Similarities and Differences between Immunities
- Chapter 10. Conclusion
- Index
Über den Autor / die Autorin
Edward Chukwuemeke Okeke is an international law scholar and practitioner, admitted to the Bar of the State of New York. He has extensive experience in international organizations, having served in the Institutional Administration Practice Group of the Legal Vice Presidency at the World Bank, the Office of Legal Affairs of UNESCO, and the Office of the Legal Counsel and the Administrative Law Unit of the United Nations. He is the recipient of the Otto L. Walter Distinguished Writing Award from New York Law School and the Albert S. Pergam International Law Writing Competition Award from the New York State Bar Association. He has been published in Arbitration International, and has contributed two chapters in The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies: A Commentary (Oxford, Edited by August Reinisch 2016).
Zusammenfassung
This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of State immunity. The major aim of this book is to clarify the conceptual confusion that has often marred the understanding of the law of the, different but interrelated, jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. The author intends to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.
Zusatztext
Jurisdictional Immunities of States and International Organizations, is a helpful contribution to the literature of international law…. The book's central accomplishment remains-a workmanlike enterprise and a good foundation for anyone interested in the topic.
