State Immunity and International Investment Law

ISBN-13: 9789811927812 / Angielski / Miękka / 2023

Zixin Meng

Opis

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.

Spis treści

Acknowledgements.- List of Abbreviations.- Part I A General Statement of Principles.- Introduction.- 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 .- Conclusion.

O autorze

Zixin Meng is a postdoctoral researcher at Wuhan University Institute of International Law who has extensive overseas experience. After getting a Bachelor of Law from Renmin University, Zixin went to Hong Kong and Europe for further education. She obtained her master's degree from the Chinese University of Hong Kong, City University of Hong Kong, and the University of Vienna. During the study period, she identified her career aspirations. To be a competent scholar, she became a Doctor of Juridical Science in 2021 at Tulane University, where she specialized in international investment law.