Hardback
The Commercial Activity Exception to State Immunity
An Introduction
9781803923451 Edward Elgar Publishing
In this insightful book, Katherine Reece Thomas explores the constantly evolving nature of state immunity, providing a nuanced analysis of the tension between private and public law. The current rules on the commercial activity exception to state immunity are examined, in both international and domestic law settings, using recent case studies from key jurisdictions including the UK and the US.
More Information
Critical Acclaim
Contents
More Information
In this insightful book, Katherine Reece Thomas explores the constantly evolving nature of state immunity, providing a nuanced analysis of the tension between private and public law. The current rules on the commercial activity exception to state immunity are examined, in both international and domestic law settings, using recent case studies from key jurisdictions including the UK and the US.
Questioning when a state can be sued in a domestic court if it engages in commercial activities, Reece Thomas reveals how a restrictive rather than an absolute doctrine has been adopted and explores the ways in which states allow commercial activity to override state immunity. The implications of this, and of how commercial activity can therefore be defined, are explored through the contexts not only of corporate law but also of central bank sanctions, human rights, employment, and crime, using recent examples from Afghanistan as well as Russia’s invasion of Ukraine. Further questions regarding immunity are posed by a crucial discussion on enforcement against state assets.
Comprehensive yet concise, this authoritative work includes consideration of a range of contexts and implications for the commercial activity exception. It provides a valuable resource for students, researchers and practitioners in international commercial law and public international law, as well as in international relations.
Questioning when a state can be sued in a domestic court if it engages in commercial activities, Reece Thomas reveals how a restrictive rather than an absolute doctrine has been adopted and explores the ways in which states allow commercial activity to override state immunity. The implications of this, and of how commercial activity can therefore be defined, are explored through the contexts not only of corporate law but also of central bank sanctions, human rights, employment, and crime, using recent examples from Afghanistan as well as Russia’s invasion of Ukraine. Further questions regarding immunity are posed by a crucial discussion on enforcement against state assets.
Comprehensive yet concise, this authoritative work includes consideration of a range of contexts and implications for the commercial activity exception. It provides a valuable resource for students, researchers and practitioners in international commercial law and public international law, as well as in international relations.
Critical Acclaim
‘This topical and timely piece of work will be of interest to academics, practitioners and students. It provides comprehensive and accessible explanations, analysis and application of the topic, including a case study on Russia’s invasion of Ukraine. The book is a welcomed and needed addition to the literature in this area.’
– Rosa Freedman, University of Reading, UK
‘If you need authoritative and complete coverage of the commercial activity exception to state immunity – look no further. Reece Thomas skilfully breaks down the exception and gives both context and moves the discussion forward by expanding on the immunity of central banks and applicability of human rights.’
– Alexander Gilder, University of Reading, UK
‘This highly detailed book deals with one of the most complex questions of contemporary international law. Katherine Reece Thomas examines the development of restrictive doctrine and the concept of “commercial” as applied to immunity from suit and enforcement, presenting an unparalleled insight into the relevant case-law, including human rights litigation. This monograph is of great value to both academics and practitioners as it deals with theoretical concepts, whilst at the same time being firmly grounded in state practice and case-law.’
– Malgosia Fitzmaurice, Queen Mary University of London, UK
– Rosa Freedman, University of Reading, UK
‘If you need authoritative and complete coverage of the commercial activity exception to state immunity – look no further. Reece Thomas skilfully breaks down the exception and gives both context and moves the discussion forward by expanding on the immunity of central banks and applicability of human rights.’
– Alexander Gilder, University of Reading, UK
‘This highly detailed book deals with one of the most complex questions of contemporary international law. Katherine Reece Thomas examines the development of restrictive doctrine and the concept of “commercial” as applied to immunity from suit and enforcement, presenting an unparalleled insight into the relevant case-law, including human rights litigation. This monograph is of great value to both academics and practitioners as it deals with theoretical concepts, whilst at the same time being firmly grounded in state practice and case-law.’
– Malgosia Fitzmaurice, Queen Mary University of London, UK
Contents
Contents:
1 State immunity and its role today
2 Distinguishing sovereign and non-sovereign acts
3 Adjudicative jurisdiction and the commercial activity
exception to immunity 1
4 Adjudicative jurisdiction and the commercial activity
exception to immunity 2
5 Enforcing against a state
6 Defining a “state” and the role of the commercial activity
exception
7 Immunity issues and frozen state assets – lessons for
Afghanistan and Russia?
8 Non-commercial applications of the commercial activity
exception
Annex: Italian developments
1 State immunity and its role today
2 Distinguishing sovereign and non-sovereign acts
3 Adjudicative jurisdiction and the commercial activity
exception to immunity 1
4 Adjudicative jurisdiction and the commercial activity
exception to immunity 2
5 Enforcing against a state
6 Defining a “state” and the role of the commercial activity
exception
7 Immunity issues and frozen state assets – lessons for
Afghanistan and Russia?
8 Non-commercial applications of the commercial activity
exception
Annex: Italian developments
