under the 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property
Publication date: October 05, 2026
When does a State act like a merchant? A scholarly and practical analysis
I. The restrictive theory of State immunity and the significance of the 2004 Convention
The United Nations Convention on Jurisdictional Immunities of States and Their Property, adopted by General Assembly resolution 59/38 of 2 December 2004 (hereinafter the “Convention” or “UNCSI”), is the first comprehensive multilateral instrument to regulate the jurisdictional immunity of States before the courts of foreign States. Although the Convention has not formally entered into force – it requires thirty ratifications, and twenty-five States have ratified or acceded to it so far – it exerts a considerable influence on the formation of customary international law, since it expresses the opinio iuris of States and reflects their practice in the field of jurisdictional immunity. The Convention thus constitutes an important point of reference both for domestic courts and for international tribunals. Many States also regard the Convention as binding to the extent that it codifies customary law already existing in this area.
Implementing artificial intelligence in an organisation does not begin with choosing a tool, but with answering the question of who we are in the AI value chain and what we are responsible for. This article sets out the relationship between the GDPR and the AI Act: from the roles of provider, deployer and controller, through algorithmic risks, the limits of lawfulness in the workplace and the rights of individuals, to the DPIA, the FRIA and the AI Governance model. It reflects the legal position following the entry into force of the Polish Act on Artificial Intelligence Systems and the postponement of the AI Act application dates by Regulation (EU) 2026/1744.
KG LEGAL Kiełtyka Gładkowski was pleased to be represented at the ABA International Law Section Fall Conference, held in London from 21–25 September 2026 at the magnificent Mansion House.
On 10 August 2026, MyDr, one of Poland’s largest providers of electronic medical records software, confirmed that it had been the target of a deliberate criminal attack on its systems. Two days later, the Ministry of Digital Affairs announced that the incident may affect close to 19 million individuals and more than 12,000 healthcare facilities, and that the exfiltrated database exceeds 2 terabytes.
The attackers supplied the security portal Zaufana Trzecia Strona with a data sample suggesting that they hold PESEL numbers (Polish national identification numbers) and at least fragments of prescription information.
