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Part III The Current International Law of State Immunity, 13 Immunity from Adjudication: The Proceedings in which Immunity cannot be invoked, the Commercial and Other Exceptions

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: 22 May 2024

Subject(s):
Intellectual property — Takings, legal and illegal (confiscatory measures) — Sovereignty — Collective security — Ships / vessels — Jurisdiction of states, nationality principle

This chapter examines the majority of the exceptions to the rule of immunity from adjudication contained in the UNCSI of a commercial or private law character, except for certain areas which are covered in succeeding chapters. All the exceptions to State immunity in this chapter, save perhaps UNCSI, Article 13 relating to ownership, possession, and control of property, illustrate the application of the restrictive doctrine. All apply to particular categories of claims the concept of commerciality discussed in the previous chapter and, by reason of its nature as to its commercial or private law subject-matter, remove the procedural bar of immunity against a foreign State in respect of such claims.

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