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Part II General Principles, Article 6

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: 04 October 2022

Subject(s):
Immunity from jurisdiction, states — Treaties, interpretation
Article 6 of the Convention operationalizes, as it were, the general rule of a State’s immunity from the jurisdiction of the courts of another State posited in Article 5. It stipulates in paragraph 1 that a State party must ‘refrain[] from exercising jurisdiction in a proceeding before its courts against another State’. This basic obligation of abstention is furthered by the imposition on a State party of a positive obligation to ensure that its courts not only respect the immunity laid down in Article 5 but, moreover and less self-evidently, that they determine...
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