It has been suggested that there would be some advantages in preparing a draft convention on the jurisdictional immunity of international organizations. Cambridge handbook on immunities and international law. The united nations, its assets, income and other property shall be. This law was published in the official journal of the italian republic on 29 january 20. Convention on jurisdictional immunities of states and their property unsci and the united nations convention against corruption uncac address particular situations where state parties expressly consent to the exercise of jurisdiction by another state party for reasons set. The secretarygeneral shall have the right and the duty to waive the immunity of any expert in any case where, in his opinion, the immunity would impede the course of justice and it can be. Commentary 1 the purpose of the present articles is to formulate rules of international law on the topic of jurisdictional immunities of states and their property. The recent adoption through general assembly resolution 5938, of 2 december 2004, of the united nations convention on jurisdictional immunities of states and their property gives the opportunity for the commission to reconsider whether it should undertake a study of the jurisdictional immunity of international organizations. Convention on the privileges and immunities of the united. Annex v international monetary fund imf to the convention on the privileges and immunities of the specialized agencies.
Capping more than a quarter of a century of intense international negotiation, the new treaty is the first modern multilateral instrument to articulate a comprehensive approach to issues of state or sovereign immunity from suits in foreign courts. These do not include works first published by the united nations or any of its specialized agencies, or by the organization of american states. The united nations convention on jurisdictional immunities of. The conventions first preambular paragraph states that the jurisdictional immunities of states and their property are generally accepted as a. Minimalist interpretation of the jurisdictional immunities convention. Convention on the privileges and immunities of the united nations, 1 u. Draft articles on jurisdictional immunities of states and their property and commentaries thereto 28. It specifies the cases in which a party may not claim immunity before foreign courts.
The united nations convention on jurisdictional immunities of states and their property meets the need to establish a global regime in an area that is essential for the good functioning of international society. Taking into account the fact that there is in international law a tendency to restrict the cases in. The convention on the privileges and immunities of the united nations and the convention on the privileges and immunities of the specialized agencies entered into force more than 60 years ago. Before the icj decided jurisdictional immunities, a u. A commentary oxford commentaries on international law 20519 unknown on. This regime of universally applicable state immunities will enhance legal certainty. A summary and case brief of jurisdictional immunities of the state germany v. The convention aims to establish common rules relating to the scope of the immunity of one party from the jurisdiction of the courts of another party. United nations shall pay due regard to any representations made by the government of any member insofar as it is considered that effect can be given to such representations without detriment to the interests of the united nations. States in the middle protect the property of the central bank from execution so long as it is used for central banking functions or for government. United nations convention on jurisdictional immunities of states and their property. New united nations convention on jurisdictional immunities. Although the convention will not enter into force until 30 states file their instruments of ratification with the secretarygeneral of the united nations, it is already worth reflecting on how it will affect. Convention on the privileges and immunities united nations.
Serpa soares, delivered opening remarks and moderated a side event on the choice of procedure under article 287 of the united nations convention on the law of the sea, organized by the division for ocean affairs and the law of the sea, office of legal affairs, on the margins of the twentyseventh meeting. United nations convention on jurisdictional immunities of. The present articles apply to the immunity of a state and its property from the jurisdiction of the courts of another state. Actes challenges bilingual bilingue international law and. We use cookies to enhance your experience on our website. The convention first entered into force in regard to the united kingdom of great britain and northern ireland by. Pdf united nations convention on jurisdictional immunities. United nations convention on jurisdictional immunities of states and their property the states parties to the present convention, considering that the jurisdictional immunities of states and their property are generally accepted as a principle of customary international law, having in mind the principles of international law embodied in the.
New united nations convention on jurisdictional immunities of. Report of the sixth committee on the convention on jurisdictional immunities of states and their property, a49744, paras. If so, please indicate the legal grounds on which competence is based, such as consent, or waiver of immunity, or voluntary submission, etc. United nations ilibrary jurisdictional immunity of. United nations convention on the jurisdictional immunities of states and their property, dec. Annex iv united nations educational, scientific and cultural organization unesco to the convention on the privileges and immunities of the specialized agencies 2. The united nations convention on jurisdictional immunities of states and their property. Minimalist interpretation of the jurisdictional immunities. European court practice concerning state immunity from. The adoption, in 2004, of the united nations convention on jurisdictional immunities of states and their property has significantly contributed to reaching consensus among states on this fundamental question of international law. The convention first entered into force in regard to the united kingdom of great britain and northern ireland by the deposit of its instrument of accession. The convention also provides for such matters as immunity from legal process of read more.
Switzerland ratifies the united nations convention on. It should be noted that, on 14 january 20, the italian parliament adopted a draft law concerning the accession of italy to the united nations convention on jurisdictional immunities of states and their property, and provisions adapting national law. Mar 21, 20 the adoption, in 2004, of the united nations convention on jurisdictional immunities of states and their property has significantly contributed to reaching consensus among states on this fundamental question of international law. Convention on the privileges and immunities of the united nations new york, february 19461 entry into force. This paper argues that the 2004 united nations convention on jurisdictional immunities of states and their property should not serve as a model for a new convention with regard to international organizations. Latest developments jurisdictional immunities of the state. The text of, and the commentaries to, draft articles 1 to 22, as adopted by the commission at its fortythird session are reproduced below. The court cited the european convention on state immunity, the united nations convention on jurisdictional immunities of states and their property, and the state practice of a number of countries to establish that there was little support for extending the territorial tort as much as italy proposed. The conventions on the privileges and immunities of the.
Federal law on jurisdictional immunities adopted english. If jurisdiction is exercised in such cases, does it mean that the doctrine of state immunity is still recognized by the courts. Draft articles on jurisdictional immunities of states and. Convention on the privileges and immunities of the. Latest developments jurisdictional immunities of the. Jurisdictional immunities of states and their property. Because an insufficient number of instruments of ratification have been deposited, the. The convention on the privileges and immunities of the united nations, passed by the united nations general assembly on february 1946 in new york, and sometimes referred to as the new york convention, defines and specifies numerous issues relating to the status of the united nations, its assets, and officials, in terms of the privileges and immunities that must be granted to them by its. By paragraph 2 of its resolution 55150 of 12 december 2000, entitled convention on jurisdictional immunities of states and their property, the general.