Abgeschickt von rolf am 18 Januar, 2006 um 15:23:07
Part III
Proceedings in which State immunity cannot be invoked
Article 10
Commercial transactions
1. If a State engages in a commercial transaction with a foreign natural or
juridical person and, by virtue of the applicable rules of private international law,
differences relating to the commercial transaction fall within the jurisdiction of a
court of another State, the State cannot invoke immunity from that jurisdiction in a
proceeding arising out of that commercial transaction.
2. Paragraph 1 does not apply:
(a) in the case of a commercial transaction between States; or
(b) if the parties to the commercial transaction have expressly agreed
otherwise.
3. Where a State enterprise or other entity established by a State which has an
independent legal personality and is capable of:
(a) suing or being sued; and
(b) acquiring, owning or possessing and disposing of property, including
property which that State has authorized it to operate or manage,
is involved in a proceeding which relates to a commercial transaction in which that
entity is engaged, the immunity from jurisdiction enjoyed by that State shall not be
affected.
Article 11
Contracts of employment
1. 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 a contract of employment between the
State and an individual for work performed or to be performed, in whole or in part,
in the territory of that other State.
2. Paragraph 1 does not apply if:
(a) the employee has been recruited to perform particular functions in the
exercise of governmental authority;
(b) the employee is:
(i) a diplomatic agent, as defined in the Vienna Convention on Diplomatic
Relations of 1961;
(ii) a consular officer, as defined in the Vienna Convention on Consular
Relations of 1963;
(iii) a member of the diplomatic staff of a permanent mission to an
international organization or of a special mission, o
...usw....
lesenswert