Competence of Courts in Regard to Foreign States Part I. Use of Terms

Abstract

As the terms are used in this Convention: (a) A “State” is a member of the community of nations. “State” includes the government of a State and the head of State, but does not include a political subdivision of a State. (b) A “court” of a State is a judicial tribunal, or an administrative tribunal exercising judicial or quasi-judicial functions, created by the State or by a political subdivision thereof. (c) A “complainant” is a party which institutes a proceeding in a court. (d) A “respondent” is a party against which a proceeding is instituted in a court. (e) A “counterclaim” is a claim by a respondent against a complainant. (f) A “direct counterclaim” is a counterclaim arising out of the facts or transactions upon which a complainant's claim is based. (g) An “indirect counterclaim” is a counterclaim arising out of facts or transactions extrinsic to those upon which a complainant's claim is based.