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Accession/
Accession

Article 12
Personal injuries and damage to property unless otherwise agreed between the States concerned, a State
cannot invoke immunity from jurisdiction before a court of another State which is otherwise competent in a
proceeding which relates to pecuniary compensation for death or injury to the person, or damage to or loss of
tangible property, caused by an act or omission which is alleged to be attributable to the State, if the act or
omission occurred in whole or in part in the territory of that other State and if the author of the act or omission
was present in that territory at the time of the act or omission.

(Forum state)



B A

B
A

B
A
A
B A
A B
B

(International Law
Commission)
174 (III) 21
1947
1978, (International Law
Commission) Jurisdictional
immunities of States and their property



(par in parem imperium non habet)2

Ferrini

3

Report of the Working Group on jurisdictional immunities of States and their property, YbILC 1978, Vol. II,
Part Two, p.153.
3
Judgment No. 5044/2004, Ferrini, para. 5, ANNEX 1 to GM.


( jus cogen) 4


acta jure imperii
acta jure gestonis acta jure imperii

(non-public acts)

(commercial suits)5 Cour de Cassation


Corte di Cassizione Soviet Trade Delegation
Case of 1925


4

Turkish Purchases Commission Case, Germany, Prussian Tribunal for Conflicts of Jurisdiction, 29 May 1920,
in 1 ILR (1919-1922), p.114, in which the consent to jurisdiction was extended even to measures of execution.
5
References in G.M., State Immunity. An Analytical and Prognostic view (The Hague, 1984), p.21.


acta jure imperii acta jure gestonis Article 12
of the United Nation Convention on Jurisdictional Immunities of States and their
Properties


1983,
Special Rapporteur Sucharitkul

(tort exception)


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1991

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Article 12

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S. Sucharitkul, Fifth report on jurisdictional immunities of States and their property, YbILC 1983, Vol. II, Part
One, p.39
7
ILC, Report on the work of its forty-third session, YbILC 1991, Vol II, Part Two, p.44.
8
ILC, Report on the work of its forty-third session, YbILC 1991, Vol II, Part Two, p.45.