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Part V Conclusions, 20 Taking Stock

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: 13 July 2024

Subject(s):
Immunity from jurisdiction, absolute — Immunity from jurisdiction, states — Immunity from jurisdiction, waiver — Sovereignty — Peremptory norms / ius cogens — Territoriality

This concluding chapter explores the possibilities of reform in light of a potential ‘universal approach’ to State immunity. Firstly, it is suggested that there should be some adjustment to the absolute nature of immunity of State property which continues to be categorized as in use for sovereign purposes when invested in commercial markets for the purpose of economic gain. Secondly, English lawyers should consider more closely the French approach to enforcement of arbitration awards. Thirdly, if this ‘universal approach’ connection underpins the UK's commitment that commercial law should be applicable to all-comers regardless of political colour or bias, a step to advance it would be for the UK to proceed alongside France, Italy, Norway, Spain, Sweden, and Switzerland, among other States, to ratify the UN Convention.

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