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Article 16 Verdrag van de Verenigde Naties inzake de immuniteit van rechtsmacht van staten en hun eigendommen

PROCEEDINGS IN WHICH STATE IMMUNITY CANNOT BE INVOKED

1 Unless otherwise agreed between the States concerned, a State which owns or operates a ship cannot invoke immunity from jurisdiction before a court of another State which is otherwise competent in a proceeding which relates to the operation of that ship if, at the time the cause of action arose, the ship was used for other than government non-commercial purposes.

2 Paragraph 1 does not apply to warships, or naval auxiliaries, nor does it apply to other vessels owned or operated by a State and used, for the time being, only on government non-commercial service.

3 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 the carriage of cargo on board a ship owned or operated by that State if, at the time the cause of action arose, the ship was used for other than government non-commercial purposes.

4 Paragraph 3 does not apply to any cargo carried on board the ships referred to in paragraph 2, nor does it apply to any cargo owned by a State and used or intended for use exclusively for government non-commercial purposes.

5 States may plead all measures of defence, prescription and limitation of liability which are available to private ships and cargoes and their owners.

6 If in a proceeding there arises a question relating to the government and non-commercial character of a ship owned or operated by a State or cargo owned by a State, a certificate signed by a diplomatic representative or other competent authority of that State and communicated to the court shall serve as evidence of the character of that ship or cargo.

Regeling
Verdrag van de Verenigde Naties inzake de immuniteit van rechtsmacht van staten en hun eigendommen
Soort
Verdrag
Geldend vanaf
02-12-2004
BWB-id
BWBV0004713
Versie
2004-12-02_0

In de hele regeling · Officiële tekst op wetten.overheid.nl