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Report of the discussion on State Immunity at the 1973 Annual Meeting of the Netherlands International Law Association

Published online by Cambridge University Press:  21 May 2009

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Extract

This report is, as its author observes, essentially an explanatory comment on the European Convention. It points out that the Convention regulates more than merely the immunity of states. Chapter I contains the immunity rules proper, Chapter II the procedural rules, in particular those concerning the summoning of a foreign state, Chapter III the rules to ensure that a contracting state gives effect to judgments given against it, whereas Chapter IV is concerned with a peculiarity of the Convention, i.e., the provision that states wishing to extend the number of cases in which immunity cannot be claimed beyond those covered by Chapter I, can make a declaration to that effect. This provision was put forward by The Netherlands delegation and was therefore termed the “zône grise néerlandaise” as distinct from the “black” zone (acta jure imperii)which recognizes immunity and the “white” zone which does not.

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Articles
Copyright
Copyright © T.M.C. Asser Press 1973

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References

1. Cf. the comparative study by Staehelin, J.C.A., Die gewöhnheitsrechtliche Regelung der Gerichtsbarkeit über fremde Staaten im Völkerrecht; Versuch einer Reinterpretation der Praxis, Bern, 1969.Google Scholar

2. Letter of Acting Legal Adviser, Tate, Jack B., to Department of Justice, 05 19, 1952 (26 Dep't Bull. 984).Google Scholar

3. Draft Legislation on the Jurisdiccional Immunities of Foreign States,26 January 1973, 12 I.L.M. 1973, p. 1 18.

4. 9 I.L.M. 1970 p. 758.

5. as stated in his report to the Nederlandse Vereniging voor Internationaal Recht on the Act of State doctrine and the Dutch Private International Law, p. 55Google Scholar (Mededelingen van de Vereniging No. 57, 02 1968).Google Scholar

6. lastly in its judgment on the Bank voor Handel en Scheepvaart case. See note 4 and N.J. 1970,428.

7. N.J. 1970, No. 428, at. p. 1207.