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Evidence and Burden of Proof in Foreign Sovereign Immunity Litigation: A Guide for International Law Practitioners and Government Counsel
EVIDENCE AND BURDEN OF PROOF IN SOVEREIGN IMMUNITY LITIGATION is the first specialized, and very practically important, 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 involving foreign sovereign immunity, particularly for international lawyers and government counsel. 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 The only titles that in scope, depth and size can be compared with the present study are already quite out of date, and they have, if ever, only randomly dealt with the specific procedural problems of evidence and burden of proof in international sovereign immunity litigation.
Book Details
- Publisher: Createspace Independent Publishing Platform
- Publish Date: Jul 1st, 2010
- Pages: 492
- Language: English
- Edition: undefined - undefined
- Dimensions: 9.00in - 6.00in - 1.10in - 1.58lb
- EAN: 9781452890418
- Categories: • International
About the Author
PIERRE F. WALTER is an international lawyer, researcher, author and lecturer. After finalizing his studies in German law and European integration with diplomas in both disciplines in 1982, he graduated in December 1987 at the law faculty of the University of Geneva as Docteur en Droit in international law. The doctorate was funded by scholarships from the Swiss Institute of Comparative Law, Lausanne, and from the University of Geneva, as well as a Fulbright Travel Grant for an assistantship with Professor Louis B. Sohn at UGA Law School Department of International Law, Athens, Georgia, USA, in 1985. Pierre F. Walter also served as a research assistant to Freshfields, Bruckhaus, Deringer, Cologne, Germany in 1983 and to Lalive Lawyers, Geneva, in 1987. Pierre F. Walter publishes via his Delaware firm Sirius-C Media Galaxy LLC and the imprints IPUBLICA and Sirius-C Media (SCM).