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(iv)             any other person enjoying diplomatic immunity; (c)        the subject-matter of the proceeding is the recruitment, renewal of employment or reinstatement of an individual; (d)        the subject-matter of the proceeding is the dismissal or termination of employment of an individual and, as determined by the head of State, the head of Government or the Minister for Foreign Affairs of the employer State, such a proceeding would interfere with the security interests of that State; (e)        the employee is a national of the employer State at the time when the proceeding is instituted, unless this person has the permanent residence in the State of the forum; or. This book provides article-by-article commentary on the text of the Convention, complemented by a small number of cross-cutting chapters highlighting general issues beyond the scope of any single provision, such as the theoretical underpinnings of state immunity, the distinction between immunity from suit and immunity from execution, the process leading to the adoption of the Convention, and the general understanding that the Convention does not extend to criminal matters. ; Antonios Tzanakopoulos is a University Lecturer in Public International Law at the University of Oxford and a Fellow of St Anne's College. 1980)). No. Article 9 Article 8 The Court of Appeal found no basis for an argument that an alleged violation of a jus cogens norm would trump immunity. A State instituting a proceeding before a court of another State cannot invoke immunity from the jurisdiction of the court in respect of any counterclaim arising out of the same legal relationship or facts as the principal claim. Stale Immunity, Human Rights and Jus Cogens: A Critique of the Normative Hierarchy Theory, 151. The provisions of paragraphs 1 and 2 regarding the use of terms in the present Convention are without prejudice to the use of those terms or to the meanings which may be given to them in other international instruments or in the internal law of any State. News and the inside stories on Oxford Reading Tree. 2003); Tachiona v. Mugabe, 169 F.Supp.2d 259 (S.D.N.Y. Email your librarian or administrator to recommend adding this journal to your organisation's collection. See, e.g., Wei Ye v. Jiang Zemin, 383 F.3d 620 (7th Cir. 18, 1961, 23 UST 3227, 500 UNTS 95, the Vienna Convention on Consular Relations, Apr. 28 Art. 4. Stanford Libraries' official online search tool for books, media, journals, databases, government documents and more. Nat’l Bank, 912 F.2d 1095 (9th Cir. Prior to that he was a Lecturer in Public International Law at University College London. The Sixth Committee of the General Assembly then established an open-ended working group to consider the draft articles; it met for two sessions. 1998). on Jurisdictional Immunities of States and Their Property introduced the report of the Ad Hoc Committee and proposed some corrections to the text of the draft United Nations Convention on Jurisdictional Immunities of States and Their Property (see A/C.6/59/SR.13). 471-84, UN Doc. To purchase short term access, please sign in to your Oxford Academic account above. Some courts have taken an even more restrictive approach, see Cabiri v. Gov’t of the Republic of Ghana, 165 F.3d 193 (2d Cir. These rules, still respected in the U.S. and most other states, provide that heads of state are absolutely immune and that former heads of state are entitled to immunity for their official acts. © Copyright Nestor Raul Vertua 2002-2020. The Ad Hoc Committee was chaired by Gerhard Hafner of the Institut für Völkerrecht und Internationale Beziehungen in Vienna. 92 Granted, the states parties to the convention will retain a measure of flexibility since (despite some efforts to the contrary during the negotiations) reservations are not specifically prohibited. §2680(h) (2000), bars claims against the United States based on injuries occurring in a foreign country, regardless of where the tortious act or omission occurred. Considering that the jurisdictional immunities of States and their property are generally accepted as a principle of customary international law, Having in mind the principles of international law embodied in the Charter of the United Nations, Believing that an international convention on the jurisdictional immunities of States and their property would enhance the rule of law and legal certainty, particularly in dealings of States with natural or juridical … , Amazon.com, Inc. or its affiliates recently viewed items and featured recommendations, Select department. Assembly adopted the UN General Assembly 330 UNTS 3, 21 UST2517 Ad Hoc Committee on Immunities! On delivery available on eligible purchase are available to private Ships and cargoes and Their Property: a Commentary supra! Un Convention on Jurisdictional Immunities of States in respect of State responsibility Ships and cargoes and Property... ( admitted 2005 ) and holds LL.M resolutions of the UN General,. 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