Immunities from Jurisdiction in International Law
J. Craig Barker (Author)
The topic of immunities from jurisdiction in international law is perhaps one of the most controversial in modern international relations. At one level, immunities such as diplomatic and state immunity are regarded as anachronistic; existing only to shield states and their officials from the normal processes of law, either civil or criminal. At another level, immunities are identified as essential safeguards to the proper functioning of relations between states. This book seeks to analyse and critically evaluate these apparently dichotomous understandings of the concept of immunities. It provides an analysis of the historical development of, and the theoretical justifications for, international immunities before turning to consider the substantive law relating to each of the major forms of immunity. Finally, the book examines current challenges to the sustainability of the law of international immunities, including recent developments in the fields of human rights and international criminal law, as well as developments in international trade and investment. By focusing on the law of international immunities as a whole the book is able to highlight the inter-relationship of concepts common to the various substantive forms of immunity from jurisdiction. To this extent, the book does not provide a detailed exposition of the relevant black-letter law but is intended to be an examination of first principle. Ultimately, the book argues that the sustainability of international immunities in general is dependent on a clearer distinction being drawn between various types of immunity, in particular the central distinction between immunity rationae materiae and immunity rationae personae.
About the Author
Barker was educated at the University of Glasgow where he completed his LLB and PhD, the latter on the subject of "The Abuse of Diplomatic Privileges and Immunities. He qualified as a solicitor in Scotland in 1993, completing his training with Dickson Minto WS in Edinburgh and London. Barker joined the School of Law, University of Reading as a lecturer in 1993 and was appointed to a senior lectureship in 2000. He joined the Sussex Law School in 2004 as Professor of Law and has served as Director of Research since his appointment. Barker is the author of 3 previous monographs, including, most recently, The Protection of Diplomatic Personnel (Ashgate, 2006), and has edited a number of books, and is one of the editors of the highly regarded Encyclopaedic Dictionary of International Law (OUP, 2003).
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