IMMUNITY- 1 page summary.docx - IMMUNITIES STATE IMMUNITY = where a state has jurisdiction but is not permitted to exercise it(Arises from UN Convention

IMMUNITY- 1 page summary.docx - IMMUNITIES STATE IMMUNITY =...

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IMMUNITIES STATE IMMUNITY = where a state has jurisdiction but is not permitted to exercise it (Arises from UN Convention on Jurisdictional Immunities of States and their Property 2005 JISP ) ARTICLE 5 A State enjoys immunity in respect of itself and its property, from the jurisdiction of the courts of another state subject to the provisions of the present Convention’ EXCEPT for: Commercial transactions (Art 10), Employment Contracts (Art 11), Civil Proceedings for damages for death/injury/ damage to property alleged to be attributable to the state (Art 12), Serious breach of Criminal International Law ( Ex Parte Pinochet) ARTICLE 2(1)(b) Declares that a ‘state’ means: The State and its various ORGANS of government Representatives of the State acting in that capacity Appropriate test is whether the activity is of itself sovereign ( jure imperil) or non-sovereign ( Jure gestionis ) Commercial transaction ARTCILE 2(2) In determining whether a contract or transaction is a ‘commercial transaction’ .. reference should be made primarily to the nature of the contract or transaction, but its purpose should also be considered. ARTICLE 2(1)(c) Defines Commercial Transactions as: Any commercial contract or transaction for the sale of goods or supply services Any contract for a loan or other transaction of a financial nature, including any
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