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Part II General Principles, Article 7

Roger O’Keefe

From: The United Nations Convention on Jurisdictional Immunities of States and Their Property: A Commentary

Edited By: Roger O'Keefe, Christian J. Tams

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

Immunity from jurisdiction, states — Immunity from jurisdiction, waiver — Treaties, interpretation — Treaties, application — Travaux préparatoires — Unilateral acts — Foreign relations law
Article 7 of the Convention, which qualifies a State’s immunity from proceedings as recognized in Article 5, is said to embody the general principle1 that immunity from the exercise of jurisdiction by a foreign court is ‘conditional upon the absence or lack of consent on the part of the State against which the exercise of jurisdiction is being sought’.2 Whether this is the best way of putting it is questionable. What is beyond doubt, however, is that a State’s consent to a foreign court’s exercise of jurisdiction over it serves in principle to render unavailable...
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