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Part II General Principles, Article 8

Silvia Borelli, Simon Olleson

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: 07 October 2022

Subject(s):
Immunity from jurisdiction, states — Treaties, application — Vienna Convention on the Law of Treaties
Article 8 of the Convention lays down an exception to the immunity from jurisdiction that a State would otherwise enjoy pursuant to Article 5 of the Convention. Specifically, it regulates the circumstances in which a State is precluded from relying on its immunity from jurisdiction as the result of either having initiated proceedings or having taken some step in proceedings initiated by another party. Article 8 is thus to be distinguished from the provisions of Part III of the Convention, which operate on the basis that the State is not immune from proceedings...
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