Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.
1. Tom Ruys, Nicolas Angelet and Luca Ferro, Introduction: international immunities in a state of flux?
2. Hazel Fox, The restrictive rule of state immunity – the 1970s enactment and its contemporary status
3. Lori Fisler Damrosch, The sources of immunity law – between international and domestic law
4. Wenhua Shan and Peng Wang, Divergent views on state immunity in the international community
5. Nicolas Angelet, Immunity and the exercise of jurisdiction – indirect impleading and Exequatur
6. Alexander Orakhelashvili, Jurisdictional immunity of states and general international law – explaining the Jus Gestionis V. Jus Imperii divide
7. Yas Banifatemi, Jurisdictional immunity of states – commercial transactions
8. Sally El Sawah, Jurisdictional immunity of states and non-commercial torts
9. Catherine Amirfar, Waivers of jurisdictional immunity
10. Niels Blokker, Jurisdictional immunities of international organizations – origins, fundamentals and challenges
11. Kristen E. Boon, Immunities of the United Nations and specialized agencies
12. Ramses A. Wessel, Jurisdictional immunity of regional organizations – substantive unity in instrumental diversity?
13. Jean-Marc Thouvenin and Victor Grandaubert, The material scope of state immunity from execution
14. Ingrid Wuerth, Immunity from execution of Central Bank assets
15. Cedric Ryngaert, Immunity from execution and diplomatic property
16. Matthew Happold, Immunity from execution of military and cultural property
17. Eric De Brabandere, Measures of constraint and the immunity of international organizations
18. Mark A. Cymrot, Enforcing sovereign arbitral awards – state defences and creditor strategies in an Imperfect World
19. Mathias Audit, Nicolas Angelet and Maria-Clara Van Den Bossche, Immunity from execution and domestic procedural rules – preventive control, burden of proof and discovery
20. Frédéric Dopagne, Waivers of immunity from execution
21. Sanderijn Duquet, Immunities of diplomatic and consular personnel – an overview
22. Eileen Denza, Diplomatic and consular immunities – trends and challenges
23. Andrew Sanger and Michael Wood, The immunities of members of special missions
24. Muriel Ubéda-Saillard, Foreign officials entitled to (absolute) personal immunity during their time in office
25. Rosanne Van Alebeek, Functional immunity of state officials from the criminal jurisdiction of foreign national courts
26. Chimène I. Keitner, Immunities of foreign officials from civil jurisdiction
27. Christian Walter and Fabian Preger, Immunities of civil servants of international organizations
28. Aurel Sari, The immunities of visiting forces
29. Rosa Freedman and Nicolas Lemay-Hébert, Between a rock and a hard place – immunities of the United Nations and human rights
30. Harmen Van Der Wilt, Immunities and the international criminal court
31. Pierre D'argent and Pauline Lesaffre, Immunities and Jus Cogens violations
32. Phillipa Webb, Judicial review of qualifications made by receiving states and host states of international organizations
33. David P. Stewart, Immunity and terrorism
34. Tom Ruys, Immunity, inviolability and countermeasures – a closer look at non-UN targeted sanctions
Tom RUYS, Nicolas ANGELET, Luca FERRO (eds.), The Cambridge Handbook of Immunities and International Law, Cambridge, Cambridge University Press, 2019 (790 pp.)
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