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Part VI Final Clauses, Article 27

Christian J. Tams

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: 23 September 2023

Immunity from jurisdiction, states — Treaties, application — Treaties, interpretation — Treaties, ratification — Treaties, signature — Arbitration — Treaty provisions — Negotiations and consultation
Article 27 is included among the final clauses of the Convention, but unlike some other final clauses it is of central importance. It deals with the settlement of disputes, and it does so by providing for a two-step process. First, paragraph 1 requires States parties to settle disputes relating to the Convention through negotiation. Secondly, and more significantly, in accordance with paragraph 2, any dispute not settled through negotiation may be brought by any of the parties to it before an arbitral tribunal or, failing agreement on arbitration, before the ICJ....
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