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Part II General Principles, Article 5

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

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 26 November 2022

Subject(s):
Immunity from jurisdiction, states — Treaties, application — Treaties, scope (temporal and territorial)
A State enjoys immunity, in respect of itself and its property, from the jurisdiction of the courts of another State subject to the provisions of the present Convention. Article 5 is the lynchpin of the Convention’s provisions on immunity from jurisdiction as set out in Parts II and III. Once a legal or natural person qualifies as a ‘State’ within the meaning of Article 2(1)(b) of the Convention, it is entitled ipso facto to the immunity from foreign jurisdiction, in respect of itself and its property, posited in Article 5, subject always to the applicability to...
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