Korniychuk Y. Jurisdictional immunities of States and their property: tendencies of development in international and domestic law

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U000345

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

23-01-2009

Specialized Academic Board

Д 26.236.03

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The dissertation deals with the legal nature of the institute of jurisdictional immunities of states and their property and the relevant provisions of the world's major legal systems and in public international law. The author has performed a comparative analysis of the legislation and court practice regarding jurisdictional immunities of state in the countries of the continental legal tradition and in the common law countries in order to establish their attitude towards the respective rules of customary international law. He has also studied the issues of the legal regulation of the institute of State immunity in Ukraine's legislation and suggested the ways of its improvement on the basis of the comparative analysis of other countries' practice and the codification of the relevant international legal rules. The peculiarities of the state treaty practice as well as the content of doctrinal codifications have been elucidated. A separate chapter of the thesis deals with the 2004 UN Conventions on the jurisdictional immunities of states and their property within the context of the existing international law and state practice. The author attempts to prove that it is advisable for Ukraine to join the Convention.

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