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State Immunity and International Investment Law

State Immunity and International Investment Law

Paperback

General Law

ISBN10: 9811927812
ISBN13: 9789811927812
Publisher: Springer
Published: Jul 11 2023
Pages: 217
Weight: 0.72
Height: 0.48 Width: 6.14 Depth: 9.21
Language: English
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 ofenforcement.

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Meng, Zixin

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General Law