Foreign state immunity at home and abroad by vanderbilt journal of transnational law. Antonios tzanakopoulos is a university lecturer in public international law at the university of oxford and a fellow of st annes college. At the international level, the law of state immunity has been the subject of two conventions. Foreign sovereign immunitywhether united states embassies are jurisdictional territory under the noncommercial tort exception of the foreign sovereign immunities act two recent decisions by different courts of appeals interpret the scope of the noncommercial tort exception of the foreign sover. Believing that an international convention on the jurisdictional immunities of states and their property would enhance the rule of law and legal certainty, particularly in dealings of states with natural or juridical persons, and would contribute to the. Federal law on jurisdictional immunities adopted english. A summary and case brief of jurisdictional immunities of the state germany v. Declaration on jurisdictional immunities of state owned. United nations convention on jurisdictional immunities of states and their property. The united nations convention on jurisdictional immunities of states and their property. Switzerland ratifies the united nations convention on. The doctrine and rules of state immunity concern the protection which a state is given from. By continuing to use our website, you are agreeing to our use of cookies.
Switzerland ratifies the united nations convention on jurisdictional immunities of states and their property bern, 16. 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. Article 19 of united nations convention on the jurisdictional immunities of states and their property. Commission ii jurisdiction and foreign judgments in civil. 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. A commentary oxford commentaries on international law 20519 unknown on. Draft articles on jurisdictional immunities of states and their property, with commentaries 1991 text adopted by the international law commission at its fortythird session, in 1991, and submitted to the general assembly as a part of the commissions report covering the. 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. Sixth report on jurisdictional immunities of states and. Orakhelashvili, jurisdictional immunities of the state germany v. The united nations convention and its effect introduction 1. The series was preceded by an earlier study presented by the working group on the topic in july 1978 in the form of an exploratory report. At the fortyninth session of the general assembly, in 1994, the sixth.
It embraces the acts of these entities, their property and assets. United nations convention on jurisdictional immunities of states and their property 424 list of states parties and signatories 433 list of reservations and declarations 434. India initials pact over convention on jurisdictional. Believing that an international convention on the jurisdictional immunities of states and their property would enhance the rule of law and legal certainty, particularly in dealings of states with natural or juridical persons, and would contribute to the codification and development of international law and the harmonization of practice in this area. The ilc took 1 for full text of the draft articles and commentaries thereto, see report of the international law commission on the work of its fortythird session, 29 april 19 july 1991. This applies when the party in question accepts the jurisdiction of the court and in proceedings relating to work contracts, participation in a company or association, industrial, commercial or financial activities. Convention on jurisdictional immunities of states and their property on december 2, 2004. Pdf the law of state immunity in the case concerning.
The court considered the requirements of international law under international conventions, namely. The general assembly at its 53rd session had, by operative paragraph of its resolution 53102 of december 8, 1998 inter alia, recommended that the international law commission continue its work on the topics in its current programme. Adopted by the general assembly of the united nations on 2. Vienna convention on the representation of states in their relations with international organizations of a universal character. Press release gal3121 debate on jurisdictional immunities of states and their property begins in sixth committee 19991027. The erosion of state and diplomatic immunity by european. The united nations convention on jurisdictional immunities of states and their property a commentary edited by roger okeefe and christian j. It is the ninth state to ratify the convention which, once it enters into.
Jurisdictional immunities of states and their property. The international law commissions draft convention on the. Technically, the foreign state immunity doctrine governs relationships between states. United nations convention on jurisdictional immunities of states. Pdf this article considers the jurisdictional immunity of states in respect of proceedings before the forum states court in which a foreign state.
Property which was subject of measure of constraint being used for noncommercial governmental purposes. Jurisdictional immunities of the state and exequatur of. The united nations convention on jurisdictional immunities of states and their property was adopted by the general assembly on 2 december 2004 but is yet to come into force. This is an articlebyarticle commentary on the united nations convention on jurisdictional immunities of states and their property, with a comprehensive sco we use cookies to enhance your experience on our website. Declaration on jurisdictional immunities of state owned cultural. The international law commissions draft convention on the jurisdictionai immunities of states and their. 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. Minimalist interpretation of the jurisdictional immunities convention. Property burkhardhefi l introduction jurisdictions immunity concerns the question of the extent to which states, or their organs or state enterprises, can be sued in the civil courts of other states, and how far there can be. United nations convention on jurisdictional immunities of. This convention constitutes the result of 27 years of work within. Summaries of judgments, advisory opinions and orders of. Minimalist interpretation of the jurisdictional immunities.
A private international law evaluation of the recent icj judgment in germany v. Draft articles on jurisdictional immunities of states and. 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. Germany v italy international court of justice, general list no 143, 3 february 2012 7276. The convention was open for signature by all states until 17 january 2007 and may enter into force on the thirtieth day following the date of deposit of the thirtieth. Vienna convention on succession of states in respect of state property, archives and debts.
Jurisdictional immunities of the state germany v italy. Therefore, the matter of the jurisdictional immunity of states. The introductory note in the fifth report on this topic2 is still applicable as a practical guide to the present. United nations convention on jurisdictional immunities of states and. Ity of the jurisdictional grant of the foreign sovereign immunities act over a suit between an alien and a foreign sovereign in united states district court plaintiff, a dutch corporation with its principal office in amsterdam, the. He is an editor of, inter alia, the convention on the jurisdictional immunities of states and their property. Jurisdictional immunities of the state germany v italy greece intervening judgment international court of justice, general list no 143, 3 february 2012 may 28, 20. Greece intervening, american journal of international law, 2012, vol. The united nations convention on jurisdictional immunities. Commission ii jurisdiction and foreign judgments in civil and commercial matters. Nothing in this convention affects the privileges and immunities of sovereign states or of entities of sovereign states, or. United nations convention on jurisdictional immunities of states and their property, opened for signature 2 december 2004 not yet in force. Jurisdictional immunities of states and their property and entrusted it with the task of preparing preliminary comments as requested by the general assembly. It has been suggested that there would be some advantages in preparing a draft convention on the jurisdictional immunity of internaional organizations.
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