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Part III The Current International Law of State Immunity, 11 The Consent of the Foreign State: Waiver and the Arbitration Exception

Hazel Fox, Philippa Webb

From: The Law of State Immunity (Revised and Updated 3rd Edition)

Hazel Fox, QC, Philippa Webb

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 21 May 2024

Subject(s):
Immunity from jurisdiction, execution of judgments — Immunity from jurisdiction, ratione materiae — Immunity from jurisdiction, ratione personae — Immunity from jurisdiction, waiver — Consent to jurisdiction — Witnesses — Burden of proof

This chapter examines UNCSI's provisions in respect of the consent of the State to the exercise of jurisdiction by the forum State, whether or not a restrictive doctrine is applied, by reference to state practice. State practice supports a general requirement of express and separate consent to both adjudication and enforcement of State immunity; which is set out in a detailed scheme in UNCSI in Articles 7, 8, 9, and 17 on express consent, participation in proceedings, counterclaims, and the effect of an arbitration agreement as an exception to immunity and in Part IV, particularly in Article 20, on the effect of consent to jurisdiction to measures of constraint.

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