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Part I Introduction, Article 2(1)(a) and (b)

Tom Grant

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

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

Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Oxford Commentaries on International Law
Published in print:
21 March 2013
ISBN:
9780199601837

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

Subject(s):
Ordinary meaning (treaty interpretation and) — Federal states — States, agents — Governments — Sovereignty
Article 2, entitled ‘Use of terms’, sets out the definitions of three terms for the purposes of the Convention. Subparagraphs (a) and (b) of Article 2(1) define ‘court’ and ‘State’ respectively. Given that the Convention applies, in the words of Article 1, to ‘the immunity of a State and its property from the jurisdiction of the courts of another State’, the content of the terms ‘court’ and ‘State’ is obviously crucial. In the context of immunity from jurisdiction, as dealt with in Parts II and III, the basic rule, laid down in Article 5, is that a ‘State’ enjoys...
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