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Part III The Current International Law of State Immunity, 17 The Three Exceptions to Immunity from Enforcement and the Five Categories of State Property listed as Immune

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):
Diplomatic immunity — Diplomatic missions — Immunity from jurisdiction, taxation of foreign state property — Consent to jurisdiction — Recognition and enforcement — Jurisdiction of states, enforcement — Military matters

This chapter sets out the three exceptions which UNCSI permits in regard to immunity from enforcement — express consent, allocation of property, and relating to property of the State in use or intended for use for other than governmental non-commercial purposes. It then relates to the five categories of State property listed in UNCSI as property in use or intended for use for other than governmental non-commercial purposes. Finally, the chapter reveals that from the general account of immunity from enforcement in the previous and the account listed in this chapter, it is plain that the general legal bar on enforcement against States and their property continues with inconsistencies in its application in national courts and non-payment of dues adjudicated as owing by States, particularly in respect of certain categories of claimants such as employees of a foreign State in a third country.

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