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Part III The Current International Law of State Immunity, 16 State Immunity from Enforcement: General Aspects

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):
Diplomatic immunity — Diplomatic missions — Diplomatic privileges — Immunity from jurisdiction, absolute — Immunity from jurisdiction, execution of judgments — Immunity from jurisdiction, waiver — Foreign judgments, recognition and enforcement — Jurisdiction of states, adjudicative — Jurisdiction of states, enforcement — Recognition

This chapter provides a general survey of State practice and an analysis of the elements involved in immunity from enforcement as provided by UNCSI in its Part IV on State Immunity from Measures of Constraint. State immunity continues to bar to a very large extent the enforcement of judgments given by national courts against foreign States. Again and again thwarted judgment creditors have sought to attach assets of foreign States within the forum State territory, only to be refused orders for execution by national courts. Nonetheless, change is taking place, with a number of national courts, applying the now widely recognized exception to enforcement in respect of commercial property in commercial use, seeking additional ways to render enforcement immunity less absolute in respect of the adjudicated liabilities of the foreign State.

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