text: A State enjoys immunity, in connection with a proceeding before a court of another State, from any measure of coercion requiring it to perform or to refrain from performing a specific act on pain of suffering a monetary penalty .‘I - 109 -236. Some members considered that the article needed clarification about its objectibo. One member referred to two possible interpretations of the urticle, one being that it prohibited domestic courts from issuing any order or injunction against a foreign State with the threat of monetary penalty, and the other that it would prohibit only the imposition of a monetary penalty on a foreign State. Another member held that article 26 in its present form would allow only the latter interpretation, Yet another member suggested a new text in order $0 accommodate the comments of a Government referred to by the Special Rapporteur, which would read: “where a State enjoys immunity in a proceeding before a court of another State, the court cannot issue any orc¶er against the State requiring it to perform or to refrain from performing a specific act,” In the view of the Special Rapporteur, the foregoing comments could be taken into account by the Drafting Committee, which might also consider the Jossibility of recommending the deletion of the article. -27. -iMnunities/ 237. Tho Kpacial Rapporteur noted that in his second report he had proposed inssrtinq l.ne words “which is a defendant in a proceeding before a court of ’ another State” in paragraph 2, a proposal that had received support both in the Commission ac f.t;s previous sessAon and in the Sixth Committee of the General Assembly. a!w The text. as provisionally adopted on first reading by the Commission, read as follower 1. Any failure or rrrfusal by a State to produce any document or
analysis: The text appears to be discussing a legal framework related to international relations, specifically the immunity of a State in a proceeding before a court of another State. The language used is technical and focused on the jurisdiction of courts and the limits of State powers. This suggests that the topic is related to the legal and institutional frameworks that govern international relations, rather than a specific sector or issue.