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Difference Between Jurisdictional Immunity And Enforcement Immunity

 Difference Between Jurisdictional Immunity And Enforcement Immunity Under The UNCJIS

It's worth noting that the DHC didn't specifically address the claimant's UNCJIS argument. Regardless, it is argued that the claimant's argument based on UNCJIS articles 10 and 19 is weak. This is especially true because the UNCJIS distinguishes between two types of immunity: jurisdictional immunity and enforcement immunity. The waiver of immunity in business transactions provided by Article 10 of the UNCJIS is restricted to immunity from jurisdiction, not enforcement. Furthermore, Article 20 of the UNCJIS expressly says that assent to jurisdiction does not entail permission to enforcement. "Surrender of immunity from jurisdiction does not per se entail waiver of immunity from execution," as the late Professor James Crawford contended.

Despite the foregoing, even the DHC failed to recognize the difference between immunity from jurisdiction and immunity from enforcement. Not just in international law, but also in domestic statutes such as the English Sovereign Immunity Act ("UKSIA"), the distinction is crucial. It is argued that Indian jurisprudence, which lacks guidance on the subject, would have benefited from a more detailed examination of the reasons for various immunities, the threshold for exemptions, and the relevance of UNCJIS Article 20.


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