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Chapter 7: United Nations Convention on Jurisdictional Immunities of States and their Property

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Chapter 7: United Nations Convention on Jurisdictional Immunities of States and their Property

pp. 88-100

Authors

Edited by
Jan Klabbers
, University of Helsinki
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Summary

UN GENERAL ASSEMBLY RESOLUTION A/RES/59/38

Adopted 2 December 2004

Opened for Signature 17 January 2005

Not in force

PART I INTRODUCTION 89

  • Article 1 Scope of the present Convention 89

  • Article 2 Use of terms 89

  • Article 3 Privileges and immunities not affected by the present Convention 90

  • Article 4 Non-retroactivity of the present Convention 90

    • PART II GENERAL PRINCIPLES 91

  • Article 5 State immunity 91

  • Article 6 Modalities for giving effect to State immunity 91

  • Article 7 Express consent to exercise of jurisdiction 91

  • Article 8 Effect of participation in a proceeding before a court 91

  • Article 9 Counterclaims 92

    • PART III PROCEEDINGS IN WHICH STATE IMMUNITY CANNOT BE INVOKED 92

  • Article 10 Commercial transactions 92

  • Article 11 Contracts of employment 92

  • Article 12 Personal injuries and damage to property 93

  • Article 13 Ownership, possession and use of property 93

  • Article 14 Intellectual and industrial property 94

  • Article 15 Participation in companies or other collective bodies 94

  • Article 16 Ships owned or operated by a State 94

  • Article 17 Effect of an arbitration agreement 95

    • PART IV STATE IMMUNITY FROM MEASURES OF CONSTRAINT IN CONNECTION WITH PROCEEDINGS BEFORE A COURT 95

  • Article 18 State immunity from pre-judgment measures of constraint 95

  • Article 19 State immunity from post-judgment measures of constraint 95

  • Article 20 Effect of consent to jurisdiction to measures of constraint 96

  • Article 21 Specific categories of property 96

    • PART V MISCELLANEOUS PROVISIONS 96

  • Article 22 Service of process 96

  • Article 23 Default judgment 97

  • Article 24 Privileges and immunities during court proceedings 97

    • PART VI FINAL CLAUSES 97

  • Article 25 Annex 97

  • Article 26 Other international agreements 97

  • Article 27 Settlement of disputes 97

  • Article 28 Signature 98

  • Article 29 Ratification, acceptance, approval or accession 98

  • Article 30 Entry into force 98

  • Article 31 Denunciation 98

  • Article 32 Depositary and notifications 98

  • Article 33 Authentic texts 99

    • ANNEX TO THE CONVENTION UNDERSTANDINGS WITH RESPECT TO CERTAIN PROVISIONS OF THE CONVENTION 99

  • With respect to article 10 99

  • With respect to article 11 99

  • With respect to articles 13 and 14 99

  • With respect to article 17 100

  • With respect to article 19 100

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