State immunity is a rule of international law aimed at facilitating
the performance of State functions by preventing the State from being
sued in foreign courts. Aimed as it is at the conduct, specifically the
abstention, of those courts, it depends substantially on their law and
procedural rules conforming with international requirements. Correspondingly
the law of State immunity developed primarily through
domestic case law and legislation, with limited treaty practice. Only
on 2 December 2004 did the General Assembly adopt the UN Convention
on Jurisdictional Immunities of States and Their Property, based
on the International Law Commission’s lengthy work on the topic.1
Xiaodong Yang underscores the importance of the Convention,
referring to it as ‘an epoch-making document’ marking ‘the final
establishment of restrictive immunity as the prevailing doctrine in
international law’.
The book presents a comprehensive overview of the development of the
law and doctrine of State immunity, trying to ‘delineate how the law of
State immunity has come to be what it is, and what it is that it has become’.
This is done through a systematic examination of over 2,000 cases decided
over two centuries, combined with an analysis of treaties, national legislation,
government statements, discussions in international organizations,
and writings of scholars. The strength of the work is very much in the
detailed analysis of the extensive caselaw, as well as of the literature,which
he does with great vigour and capacity for legal analysis