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...
Users without a subscription are not able to see the full
to access all content.