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Contents
The United Nations Convention on Jurisdictional Immunities of States and Their Property - A Commentary edited by O’Keefe, Roger; Tams, Christian J.; Tzanakopoulos, Antonios (21st March 2013)
- Preliminary Material
- Main Text
- Historical Background to the Convention
- 1 Introduction
- 2 Forerunners to the Convention
- 3 The Evolution of the Convention
- 3.1 Preparatory Work
- 3.2 The ILC’s Draft Articles on Jurisdictional Immunities of States and Their Property, 1978–1991
- 3.3 The Sixth Committee’s Working Group and informal consultations, 1992–1994
- 3.4 The ILC’s Working Group on Jurisdictional Immunities of States and Their Property and the Sixth Committee’s Working Group, 1999–2000
- 3.5 The Ad Hoc Committee on Jurisdictional Immunities of States and Their Property, 2002–2004
- 3.6 The Chairman of the Ad Hoc Committee’s statement to the Sixth Committee
- 3.7 The adoption of the Convention via General Assembly resolution 59/38
- 4 Concluding Remarks
- Immunity from Jurisdiction and Immunity from Measures of Constraint
- The ‘General Understandings’
- Preamble
- Part I Introduction
- Article 1
- Article 2(1)( a ) and ( b )
- Preliminary Material
- 1 Introduction
- 2 Drafting History
- 3 Key Points
- 4 Evaluation
- Article 2 (1)( c ) and (2) and (3)
- Article 3
- Article 4
- Part II General Principles
- Preliminary Material
- Article 5
- Article 6
- Article 7
- Preliminary Material
- 1 Introduction
- 2 Drafting History
- 3 Key Points
- 4 Evaluation
- Article 8
- Article 9
- Part III Proceedings in which State Immunity cannot be Invoked
- Preliminary Material
- Article 10
- Preliminary Material
- 1 Introduction
- 2 Background
- 3 Drafting History
- 4 Key Points
- 4.1 Article 10(1)
- A General
- B ‘Commercial Transaction’
- C ‘Immunity’
- D ‘And, by Virtue of the Applicable Rules of Private International Law, differences Relating to the Commercial Transaction fall within the Jurisdiction of a Court of another State’
- E ‘Arising out of’
- F ‘Foreign Natural or Juridical Person’
- G No Requirement of Performance in the Forum State’s Territory
- H No Effect of Agreement otherwise between the States Concerned
- 4.2 Article 10(2)
- 4.3 Article 10(3)
- 4.1 Article 10(1)
- 5 Evaluation
- Article 11
- Preliminary Material
- 1 Introduction
- 2 Background
- 3 Drafting History
- 4 Key Points
- 4.1 Article 11(1): The Exception
- 4.2 Article 11(2): The Exceptions to the Exception
- A Employee ‘Recruited to Perform Particular Functions in the Exercise of Governmental Authority’
- B Employee a Diplomatic Agent, Consular Officer, etc
- C Subject-matter of Proceedings Recruitment, Renewal of Employment, or Reinstatement
- D Subject-matter of Proceedings Dismissal or Termination of Employment
- E Employee a National of Employer State, without Permanent Residence in Forum State, when Proceedings Instituted
- F Employer State and Employee otherwise Agreeing in Writing
- 4.3 Second Paragraph of Understanding
- 5 Evaluation
- Article 12
- Preliminary Material
- 1 Introduction
- 2 Background
- 3 Drafting History
- 4 Key Points
- 4.1 Extrinsic Limits on Article 12’s Scope of Application
- 4.2 ‘Unless Otherwise agreed between the States Concerned’
- 4.3 ‘A Court of Another State which is Otherwise Competent’
- 4.4 ‘A Proceeding which relates to Pecuniary Compensation for Death or Injury to the Person, or Damage to or Loss of Tangible Property, caused by an Act or Omission’
- 4.5 ‘Which is Alleged to be Attributable to the State’
- 4.6 ‘If the Act or Omission occurred in whole or in Part in the Territory of that other State and if the Author of the Act or Omission was Present in that Territory at the Time of the Act or Omission’
- 5 Evaluation
- Article 13
- Article 14
- Article 15
- Preliminary Material
- 1 Introduction
- 2 Background
- 3 Drafting History
- 4 Key Points
- 4.1 Article 15(1)
- A Rationale
- B Application
- (i) The Concept of a ‘State’
- (ii) A State’s ‘participation’ in a Company etc
- (iii) A State’s Participation ‘in a Company or other Collective body, Whether incorporated or unincorporated’
- (iv) A proceeding ‘Concerning the Relationship between the State and the Body or the other Participants therein’
- (v) A Body which ‘has participants other than States or International Organizations’
- (vi) A Body which is ‘Incorporated or Constituted under the Law of the State of the Forum or has its Seat or Principal Place of Business in that State’
- 4.2 Article 15(2)
- 4.3 Relationship to Article 10
- 4.1 Article 15(1)
- 5 Evaluation
- Article 16
- Preliminary Material
- 1 Introduction
- 2 Drafting History
- 3 Key Points
- 3.1 Article 16(1)
- A ‘Unless otherwise Agreed between the States Concerned’
- B ‘A Ship’
- C ‘Owns or Operates’
- D ‘Before a Court of Another State which is Otherwise Competent’
- E ‘A Proceeding which Relates to the Operation of that Ship’
- F ‘If, at the Time the cause of Action arose, the Ship was used for other than Government Non-commercial Purposes’
- 3.2 Article 16(2)
- 3.3 Article 16(3)
- 3.4 Article 16(4)
- 3.5 Article 16(5)
- 3.6 Article 16(6)
- 3.1 Article 16(1)
- 4 Evaluation
- Article 17
- Preliminary Material
- 1 Introduction
- 2 Background
- 3 Drafting History
- 4 Key Points
- 4.1 ‘Unless the Arbitration Agreement provides Otherwise’
- 4.2 ‘An Agreement in Writing with a Foreign Natural or Juridical Person’
- 4.3 ‘Differences Relating to a Commercial Transaction’
- 4.4 ‘Arbitration’
- 4.5 ‘A Proceeding which relates to … the Validity, Interpretation or Application of the Arbitration Agreement; … the Arbitration Procedure; or … the Confirmation or Setting aside of the Award’
- 5 Evaluation
- Part IV State Immunity from Measures of Constraint in Connection with Proceedings Before a Court
- Preliminary Material
- Article 18
- Article 19
- Preliminary Material
- 1 Introduction
- 2 Drafting History
- 3 Key Points
- 4 Evaluation
- Article 20
- Article 21
- Part V Miscellaneous Provisions
- Article 22
- Article 23
- Article 24
- Part VI Final Clauses
- Article 25
- Article 26
- Article 27
- Article 28
- Article 29
- Preliminary Material
- 1 Introduction
- 2 Drafting History
- 3 Key Points
- 4 Evaluation
- Article 30
- Article 31
- Article 32
- Article 33
- Historical Background to the Convention
- Further Material
- Appendix
- 1 United Nations Convention on Jurisdictional Immunities of States and Their Property
- Part I Introduction
- Part II General Principles
- Part III Proceedings in which State Immunity cannot be Invoked
- Art.10 Commercial Transactions
- Art.11 Contracts of Employment
- Art.12 Personal Injuries and Damage to Property
- Art.13 Ownership, Possession and use of Property
- Art.14 Intellectual and Industrial Property
- Art.15 Participation in Companies or Other Collective Bodies
- Art.16 Ships Owned or Operated by a State
- Art.17 Effect of an Arbitration Agreement
- Part IV State Immunity from measures of Constraint in Connection with Proceedings before a Court
- Part V Miscellaneous Provisions
- Part VI Final Clauses
- Annex to the Convention
- 2 List of States Parties and Signatories
- 3 List of Reservations and Declarations
- 4 General Assembly resolution 59/38
- 5 Statement of the Chairman of the Ad Hoc Committee on Jurisdictional Immunities of States and Their Property
- 6 ILC Draft Articles on Jurisdictional Immunities of States and Their Property
- Part I Introduction
- Part II General Principles
- Part III Proceedings in which State immunity cannot be invoked
- Art.10 Commercial Transactions
- Art.11 Contracts of Employment
- Art.12 Personal Injuries and Damage to Property
- Art.13 Ownership, Possession and use of Property
- Art.14 Intellectual and Industrial Property
- Art.15 Participation in Companies or other Collective Bodies
- Art.16 Ships owned or operated by a State
- Art.17 Effect of an Arbitration Agreement
- Part IV State Immunity from measures of Constraint in Connection with Proceedings before a Court
- Part V Miscellaneous Provisions
- 1 United Nations Convention on Jurisdictional Immunities of States and Their Property
- Select Bibliography
- Index
- [No Title]
- Appendix
