PIL.OT / DEVELOPMENT
Double Waiver of Immunity and Ripple Effects
Development summary
The article examines whether a waiver of jurisdictional immunity also waives immunity from enforcement of a judgment debt against State assets. It discusses the requirement in many jurisdictions for a separate and specific waiver concerning enforcement, the approach of the International Court of Justice, and a survey of practice in 20 jurisdictions, before considering possible effects of wider acceptance of the “double waiver” principle.
Open original publication Double Waiver of Immunity and Ripple Effects
Research note
Issue
Whether a State’s waiver of jurisdictional immunity also constitutes a waiver of enforcement immunity in proceedings to enforce an arbitral award or foreign judgment against State assets.
Concepts
Academic details
“Double Waiver of Immunity and Ripple Effects”
ICSID Review · 2025
DOI 10.1093/icsidreview/siaf022
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