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Part I Introduction, Article 2 (1)(c) and (2) and (3)

Stephan Wittich

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, interpretation — Treaties, application — Authority of previous decisions (precedents)
For the purposes of the present Convention: … The commercial transaction exception laid down in Article 10, in conjunction with Article 2(1)(c), (2), and (3), of the Convention is in practice the most important exception to the general rule of a State’s immunity from the jurisdiction of the courts of another State. The basic idea is simple: States do not enjoy immunity from proceedings in respect of acts of a commercial character, these being the archetypal non-sovereign acts.1 But while the principle and its rationale are well recognized, controversy has...
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