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Introduction
Part I: General Concepts 1. The Institution of Proceedings and the Nature of the Plea of State Immunity 2. The Three Phases of the Concept of State Immunity 3. Act of State and Non-Justiciability Distinguished from State Immunity in Proceedings relating to a Foreign State 4. State Immunity and Jurisdiction: Immunity from the Civil and Criminal Jurisdiction of National Courts 5. The Relationship of State Immunity to Other Immunities Part II: The Sources of the Law of State Immunity 6. A Review of the Sources: Treaties and Projects for Codification 7. The Restrictive Doctrine of State Immunity: Its Recognition in State Practice 8. English Law: The UK State Immunity Act 1978 9. US Law: The Foreign Sovereign Immunities Act 1976 10. The 2004 UN Convention on Jurisdictional Immunities of States and their Property: General Aspects Part III: The Current International Law of State Immunity 11. The Definition of the Foreign State 12. The Consent of the Foreign State, Express and Implied: Waiver and the Arbitration Exception 13. Exceptions to State Immunity: The Concept of Commerciality 14. Immunity from Adjudication: The Commercial and Related Exceptions to State Immunity 15. Immunity from Adjudication: The Exception for Personal Injuries and Jurisdiction over Acts in Violation of International Law 16. State Immunity from Enforcement Part IV: Conclusions 17. Conclusions and Future Models Appendix 1: UN General Assembly Resolution 59/38 of 16 December 2002 Appendix 2: Annex: UN Convention on Jurisdictional Immunities of States and their Property Appendix 3: Sixth Committee Summary Record of the 13th Meeting, 59th Session of General Assembly, 25 October 2004 |