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Part III Proceedings in which State Immunity cannot be Invoked, Article 16

Douglas Guilfoyle

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: 28 May 2023

Immunity from jurisdiction, states — Treaties, application — Treaties, interpretation — Nationality of ships
Article 16 of the Convention sets out general rules in paragraphs 1 and 3 whereby a State which owns or operates a ship may not invoke immunity from the jurisdiction of a competent foreign court in proceedings relating to the operation of that ship or to the carriage of cargo on board it if, at the time the cause of action arose, the ship ‘was used for other than government non-commercial purposes’. The general rule in paragraph 1 as to proceedings in respect of the operation of State-owned or -operated vessels does not apply, as specified in paragraph 2, to...
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