• Evidence and Burden of Proof in Foreign Sovereign Immunity Litigation: A Procedural Guide for International Lawyers and Government Counsel

    Author(s):
    Peter Fritz Walter (see profile)
    Date:
    2017
    Subject(s):
    Law, Actions and defenses, Immunities of foreign states
    Item Type:
    Book
    Tag(s):
    burden of proof, international law, law of evidence, Litigation, Sovereign Immunity
    Permanent URL:
    http://dx.doi.org/10.17613/M6MZ58
    Abstract:
    ‘Evidence and Burden of Proof in Foreign Sovereign Immunity Litigation: A Procedural Guide for International Lawyers and Government Counsel’ (3rd Revised Edition, 2017) is the first specialized and practically useful analysis of the evidence problems and the burden of proof in matters of foreign sovereign immunity litigation, both regarding jurisdictional immunities and immunity from execution. The monograph is a comparative law analysis that spans six of the seven existing national statutes on foreign sovereign immunity, starting with the United States’ Foreign Sovereign Immunities Act, 1976, to the Canadian State Immunity Act, 1982. The study concludes in demonstrating two distinct rules of the burden of proof, for each kind of immunity; the rules are widely uniform, and were corroborated by case law and scholarly opinion in all of the examined jurisdictions. They can be said to form today rules of international law. The monograph is of high practical value for litigation lawyers and government counsel struggling with evidence problems regarding foreign sovereign immunity. It can be taken as a reference guide for solving the evidence problems in those trials, and as such is a precious asset in any international law library. The only titles that in scope, depth and size can be compared with the present study are already quite out of date, and they have, if ever, only randomly dealt with the specific procedural problems of evidence and the burden of proof in international sovereign immunity litigation.
    Notes:
    Published with Amazon. https://www.amazon.com/Evidence-Foreign-Sovereign-Immunity-Litigation/dp/1981619917
    Metadata:
    Published as:
    Book    
    Status:
    Published
    Last Updated:
    6 years ago
    License:
    Attribution

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