CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ

IMMUNITIES OF STATES AND THEIR OFFICIALS IN CONTEMPORARY LAW

the author makes a clear distinction between state immunity from jurisdiction and state immunity from execution. The second part of the chapter is devoted to the issue of immunity waiver (as a golden rule). The waiver and the waiver clause are subjected to a deeper legal analysis within the overall context of this chapter of the book. The author rightly deems the concept of the waiver as contractual in nature and as nothing that would create new rights for private entities. Through an analysis of concrete case law, the author runs a critical assessment of the issue of waiver. The broad range of cases of different international institution can only be welcome. In the third part the author focuses on current issues by presenting in detail several case studies, including issues of State immunity from execution in international commercial and investment arbitration, decided by the courts in France and Hong Kong. This puts the theory into a living framework, where concrete recent examples support the assertions drawn from theories. In conclusion, the author goes back to the motto chosen at the beginning of the chapter: “The potential use of the plea of immunity is of greater danger to international trade than the actual, regular, use of it.” The author once again reaffirms the assertion in favour of a pedantic application of the doctrine of restrictive immunity on a world-wide scale. Something for which the author presents good arguments in this chapter, however at the same time this will be argued against by many international legal scholars. It is clear that the publication will serve as an important source of legal doctrine for theory and practice. The authors have demonstrated a high level of professionalism, thorough legal argumentation and a very good reliance on relevant sources, which have been properly cited. Although the authors are not native speakers, the level of English is at the highest level of proficiency.

Metod Špaček *

* JUDr. Metod Špaček, Ph.D ., is director of the International Law Department at Ministry of Foreign and European Affairs of the Slovak Republic in Bratislava.

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