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Part I Introduction, Article 3

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: 02 June 2023

Diplomatic immunity — Diplomatic privileges — Heads of state and other senior officials — Immunity from jurisdiction, states — Immunity from jurisdiction, ratione personae — Treaties, interpretation
Article 3 preserves from the effect of the Convention certain other immunities recognized by international law. What it says ought to be relatively straightforward, but is needlessly complicated by the ILC’s commentary to its forerunner. What it does not say makes things messier still. Proposals for a safeguard clause in respect of other immunities owed to a State under international law were first advanced in the early stages of the ILC’s work. The original proposal put forward by Special Rapporteur Sucharitkul provided: The fact that the present articles do not...
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