text: deserving protection. It was said that it would be absurd to grant to third parties complete protection from measures of constraint simply because a foreign State had an interest in the property concerned, although, as a safeguard, a proviuion could perhaps be added to the effect that any rights enjoyed by a foreign State in relation to property owned by a third party could not be affected by measures of constraint against that. third party. To some other members, the deletion of the phrase was not acceptable as it would broaden the scope of the exceptions to the immunity of States from foreign ’ snforcement; jurisdiction. It was also held that the concept of “interest” was distinct from that of “property”, as the Commission had itself recognised in the draft of the 1983 Convention nn Succession of States in respect of State Property, Archives and Debts. In the commentary to its article 5 (which had later become article 5), the Commission had stressed that the expression “property, rights anA interests” referred to “rights Pad intorests of a legal nature”. l.Q,.l/ The dQlQtiOn of the concept of “interest”, it was said, would therefore leave a gap that would be difficult to fill. 224. The second point on which the views of members were divided concerned the deletion GE thQ phrase “and has a connection with the object of the claim, or with the agency or fnstrumentality against whicr. the proceeding was directed” in paragraph 1 (c) of new article 21. Most speakers argued that the phrase was of crucial importance and should be retained. Othorwiso, it was said, 191/ Y.eaxkunk-..L,..19U1r vol. II (Part Two), para. 10. - 103 .-meaeures of constraint might be taken against any property of a foreign State, if it was used for commercial purposes8 in particular, the phrase would avoid
analysis: This text appears to be a discussion about international law and the immunity of states from foreign jurisdiction, specifically in the context of measures of constraint. The language used is technical and legal, and the topic does not seem to be related to any of the specific fields mentioned in the categories. However, the discussion does touch on the concept of "property" and "interests", which could be related to economic development or international trade.