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The immunities of States and their property

Author: WangXiaoFeng
Tutor: DuTao
School: Fudan University
Course: Legal
Keywords: State Immunity Immunities of States and their property body Absolute Immunity Relative Immunity
CLC: D99
Type: Master's thesis
Year: 2011
Downloads: 189
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Abstract


Theory of States and their property exemption as an important principle of international law, has a long history of origin and development process, with the development of the times and society also plays an important role and the new changes, so this is a old topic, even in the modern international community, there are still different theories advocated. Effectively with the main body of the theory by the international community of the United Nations Convention on Jurisdictional Immunities of States and their property \explore the validation and international practice constantly showing the consensus view, the the specific practical debate will gradually reduce. It can be said that in international practice, the recognition of the principle of immunity of States and their property, the trend of the times, not the system while a. However, in theory, the immunities of States and their property is worth pondering, with the sound development of the international rule of law, gradually clear awareness and understanding of the issues of statehood and sovereignty principles, States and their property: Exemptions in the international increasingly important position and role in the social interaction. This paper is divided into four chapters, the main study will be the theoretical content of existing Immunities of States and their property the main line of analysis, reference to domestic and foreign current academic monographs, academic papers and related cases practice, especially on Absolute Immunity and a core group of States and their property relative Immunity immunity doctrines, by the exploration extended to the observation and prediction of the entire Immunities of States and their property as a whole. The same time, the paper will also comparative analysis of domestic and international specific anatomical and comprehensive grasp of the analysis, as well as historical analysis, Analysis of the relevant provisions of the immunities of States and their property and theoretical trends. Specifically, this paper will attempt from the source of the immunities of States and their property, explore different ideas of theoretical content, historical development, as well as the theoretical principles analysis, analysis of this combined with the case on this basis and practice of international contacts an ancient problem of new trends and new trends, grasp summarized the ideas of States and their property exempt new problems to solve, the expected State Immunity principle future theoretical directions and trends, and China in the new historical trends and international situation immunities of States and their property should analyze the recommendations and coping strategies.

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