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2021-06-18T13:40:34+09:00
2021-06-18T13:40:34+09:00
2021-06-18T13:40:34+09:00
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Ritsumeikan Univ.KO-418
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14.25 0 0 14.25 110.4171 788.25 Tm
(Immunity from Execution under International Law Revisited)Tj
/TT1 1 Tf
12 0 0 12 475.668 759.75 Tm
(MATSUI Akihiro)Tj
-35.931 -2.313 Td
(This paper revisits immunity from execution under international law, to \
show international law rules on)Tj
-1 -1.5 Td
(which the foreign state shall be immune from execution, and the reason w\
hy granting immunity from)Tj
0 -1.5 TD
(execution is the obligation under international law. The concern is how \
international law regulates the)Tj
T*
(discretion of forum states to grant immunity from execution in relation \
to foreign state property. This paper)Tj
T*
(clearly distinguishes the external restrictions on international law and\
domestic restrictions on international)Tj
T*
(civil procedure law and shows the limitation of the state jurisdiction u\
nder international law.)Tj
1 -2.5 Td
(First, this paper shows that the criteria of immunity from execution und\
er international law are only the)Tj
-1 -1.5 Td
(purpose of use of the targeted property, instead of the owner of the pro\
perty. Immunity from execution,)Tj
T*
(therefore, may be granted in relation to the property which not only for\
eign states itself but also foreign state)Tj
T*
(enterprises and central banks own. On the other hand, we can affirm some\
arguments beyond the above)Tj
T*
(international law rule: execution shall be possible against property whi\
ch has connection with the underlying)Tj
T*
(claim, or, immunity from final execution after judgment and immunity fro\
m prejudgment attachment shall be)Tj
T*
(distinguished, execution is required the permission of the executive bra\
nch before final execution. However,)Tj
T*
(the rules are not under international law, but international law leaves \
these regulations to the discretion of)Tj
T*
(forum states.)Tj
1 -2.5 Td
(Secondly, the established criteria of immunity from execution as the rul\
e of international law are whether)Tj
-1 -1.5 Td
(the purpose of use is concerned with "exercise of sovereign authority" a\
t the time of execution. However,)Tj
T*
(states are not under the obligation to grant immunity in relation to pro\
perty of which the use in the "future" is)Tj
T*
(for the exercise of sovereign authorities, although the tendency to gran\
t immunity can be confirmed.)Tj
1 -2.5 Td
(Thirdly, in recent codifications, we can confirm the insertion of provis\
ions to grant absolute immunities in)Tj
-1 -1.5 Td
(relation to bank accounts under the name of diplomatic missions and cent\
ral banks, but these provisions play)Tj
T*
(a complementary role when it would be difficult to make decision on immu\
nity from execution.)Tj
1 -2.5 Td
(Fourthly, the enforcement of arbitral awards in the forum where the prop\
erty of recalcitrant states is)Tj
-1 -1.5 Td
(situated is also the same international law rules on immunity from the e\
xecution of judgments rendered before)Tj
T*
(domestic courts. In addition, we examine terminus ad quem of codificatio\
n at the United Nations, based on)Tj
T*
(the close investigations on the customary international law of immunity \
from execution. In conclusion, we)Tj
T*
(confirm that the relation between the profit of developing countries and\
private rights in developed countries)Tj
T*
(is the important angle to consider in the context of immunity from execu\
tion.)Tj
ET
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