Waiver of State Immunity and Enforcement of Arbitral Awards

2015 ◽  
Vol 6 (2) ◽  
pp. 199-232 ◽  
Author(s):  
Ben JURATOWITCH
Keyword(s):  
Hong Kong ◽  
United Nations ◽  
Democratic Republic ◽  
The State ◽  
Arbitral Award ◽  
State Immunity ◽  
General Terms ◽  
Republic Of The Congo ◽  
United Nations Convention ◽  
Court Proceedings

If a state has waived state immunity by agreement with a non-state entity in advance of court proceedings brought by that entity to enforce an arbitral award against that state, then the enforcement court should give effect to the waiver. That is the opposite of what the Hong Kong Court of Final Appeal decided in Democratic Republic of the Congo v. FG Hemisphere, but it is the approach reflected in the 2004 United Nations Convention on the Jurisdictional Immunities of States and their Property. After examining that Hong Kong case and that United Nations Convention, this paper considers the position in various jurisdictions. The prevalent position is in general terms that consent to arbitration usually constitutes waiver of state immunity from jurisdiction of a court to recognize the arbitral award as creating a debt binding on the state, but usually does not constitute waiver of state immunity from execution of that debt against the assets of the state. The conclusion of the paper includes a model waiver of state immunity from jurisdiction and from execution.

Kazakhstan Ministry of Finance and National Bank of Kazakhstan v. Ascom Group SA, Anatolie Stati, Gabriel Stati, Terra Raf Trans Traiding Ltd

2021 ◽  
Vol 195 ◽  
pp. 387-413
Keyword(s):  
United Nations ◽  
Central Bank ◽  
International Law ◽  
The State ◽  
Content Type ◽  
Customary International Law ◽  
State Immunity ◽  
National Bank ◽  
United Nations Convention ◽  
Ministry Of Finance

387State immunity — Immunity from execution — Customary international law — United Nations Convention on Jurisdictional Immunities of States and Their Property, 2004 — Articles 19 and 21 — Whether property of a State central bank immune from measures of constraintArbitration — Post-Award enforcement — Attachment — Whether property of a State central bank immune from attachment in satisfaction of an arbitral award rendered against the State — The law of Sweden

Różne perspektywy dotyczące skutków art. 95 CISG

2020 ◽  
Author(s):  
Małgorzata Danuta Pohl-Michałek
Keyword(s):  
United States ◽  
United Nations ◽  
International Law ◽  
United States Of America ◽  
Democratic Republic ◽  
The United States ◽  
Private International Law ◽  
United Nations Convention ◽  
International Sale Of Goods ◽  
Conflict Of Law

The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) was adopted in order to provide uniform rules governing the international sale of goods. It has already been ratified by an impressive number of 92 Contracting States, with the major trading countries taking the lead. The CISG applies to contracts for the sale of goods between parties whose places of business are in different States, where the States are CISG Contracting States (Article 1(1)(a)). Moreover, it applies to contracts for the sale of goods when the contracting parties have their places of business in different States and when the rules of private international law lead to the application of the law of a CISG Contracting State (Article 1(1)(b)). However, at the time of ratification, the prospective Contracting States are given the possibility of making additional reservations, including one set out in Article 95 CISG, which limits the application of Article 1(1)(b) of the Convention. Although there are some CISG Contracting States that initially applied the reservation but have since withdrawn it, there are still a few Contracting States where the reservation remains[1], including the two largest trading countries – China and the United States. The paper presents various approaches regarding the interpretation of the effects of the reservation set out in Article 95 CISG, which in fact challenge the principle of the uniform interpretation and application of the Convention’s provisions. The author argues that the Article 95 CISG reservation leads to increased confusion and problematic conflict of law issues that bring more chaos than benefits.   [1] The remaining Article 95 CISG Reservatory States are: Armenia, China, the Lao People's Democratic Republic, Saint Vincent and the Grenadines, Singapore, Slovakia and the United States of America. Information is based on the official website: https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=X-10&chapter=10 (accessed: 9.12.2019).

scholarly journals Operation “Artemis”: The First Autonomous EU-led Operation

2015 ◽  
Vol 14 (1) ◽  
pp. 121-132
Author(s):  
János Tomolya
Keyword(s):  
United Nations ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
European Security ◽  
Republic Of Congo ◽  
Autonomous Operation ◽  
Republic Of The Congo ◽  
Operational Constraints ◽  
And Control ◽  
The Eu

In June 2003, the EU launched Operation “Artemis”, its first military mission outside Europe and independent of NATO, to the Democratic Republic of Congo. While it ultimately received an EU badge, its origin, command and control were French. The objective of Operation “Artemis” was to contribute to the stabilisation of the security conditions in Bunia, capital of Ituri, to improve the humanitarian situation, and to ensure the protection of displaced persons in the refugee camps in Bunia. Its mandate was to provide a short-term interim force for three months until the transition to the reinforced United Nations Mission in the Democratic Republic of Congo (MONUC – Mission de l’Organisation des Nations Unies en République Démocratique du Congo; English: United Nations Organization Stabilization Mission in the Democratic Republic of the Congo). Although the EU can be said to have passed the first “test” of the European Security and Defence Policy (ESDP) mechanisms for the conduct of an autonomous operation, this test was a limited one. Operational constraints were caused by inadequate strategic lift capabilities and the lack of a strategic reserve.

Developments at the International Criminal Court

2012 ◽  
Vol 11 (2) ◽  
pp. 365-448
Author(s):  
Julieta Solano McCausland ◽  
Enrique Carnero Rojo
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
Central African Republic ◽  
International Criminal ◽  
Democratic Republic ◽  
Criminal Court ◽  
United Nations Security Council ◽  
Republic Of The Congo ◽  
Victim Participation

Abstract This column covers the activity of the International Criminal Court during the last third of 2010 through mid-May 2011. The Court has continued investigating situations in five countries (the Democratic Republic of the Congo, Uganda, Sudan, the Central African Republic and Kenya) and opened a new investigation following a referral by the United Nations Security Council (Libya). The judicial activity of the Court continued with four accused persons undergoing trial, two more waiting for their trial to start, and six more awaiting the confirmation of charges hearing. The Chambers of the Court continued to develop the rules applicable to pre-trial and trial proceedings. In the period covered by this column they confirmed the law on the admissibility of a case, ruled on the proceedings concerning the first challenge by a State to the admissibility of a case and on stay of proceedings, and brought consistency on the issue of victim participation across cases.

scholarly journals THE JOINING INTO THE UNITED NATIONS CONVENTION ON JURISDICTIONAL IMMUNITIES OF STATES AND THEIR PROPERTY 2004 OF VIETNAM

2020 ◽  
Vol 15 (1) ◽  
pp. 67-78
Author(s):  
Tuan Quoc Banh
Keyword(s):  
United Nations ◽  
The State ◽  
Economic Sectors ◽  
United Nations Convention ◽  
The United Nations

By summarizing the main contents of the United Nations Convention on Jurisdictional Immunities of States and their Property on 2nd December 2004, the author has analyzed actual and theory aspects on the necessity of Vietnam’s joining this Convention in order to protect interests of Vietnam State in the setting that these days the State and economic sectors are participating much in trading, commercial and investment activities with foreign subjects, and contribute to improving Vietnam legislations during international globalization.

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