File Name: text un convention on jurisdictional immunities of states and their property.zip
Text of the Convention in PDF.
Jurisdictional Immunities of the State Germany v. Italy: Greece intervening. On 23 December , the Federal Republic of Germany instituted proceedings against the Italian Republic, requesting the Court to declare that Italy had failed to respect the jurisdictional immunity which Germany enjoys under international law by allowing civil claims to be brought against it in the Italian courts seeking reparation for injuries caused by violations of international humanitarian law committed by the Third Reich during the Second World War. On 13 January , Greece filed an Application requesting permission to intervene in the case. In its Application, Greece stated that it wished to intervene in the aspect of the procedure relating to judgments rendered by its own courts on the Distomo massacre and enforced exequatur by the Italian courts. The Court noted in this respect that the question which it was called upon to decide was not whether the acts committed by the Third Reich during the Second World War were illegal, but whether, in civil proceedings against Germany relating to those acts, the Italian courts were obliged to accord Germany immunity.
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This chapter reviews options for treaty-making at the UN from the point of view of negotiating parties. The focus is on the negotiation of treaties within the UN itself, with examples taken from a range of UN organs, rather than from codification conferences. A large number of treaties have been negotiated within or under the auspices of various UN organs, and a variety of processes and rules of procedure have been employed. Each negotiation is different, and flexibility is of the essence. The importance of good preparation, choice of decision-making procedures, and the human element is emphasized.
The practice of national courts in Europe with regard to enforcement immunity is far from uniform.
The doctrine and rules of state immunity concern the protection which a state is given from being sued in the courts of other states. The rules relate to legal proceedings in the courts of another state, not in a state's own courts. The rules developed at a time when it was thought to be an infringement of a state's sovereignty to bring proceedings against it or its officials in a foreign country. There is now a trend in various states towards substantial exceptions to the rule of immunity; in particular, a state can be sued when the dispute arises from a commercial transaction entered into by a state or some other "non-sovereign activity" of a state. The United Nations Convention on Jurisdictional Immunities of States and their Property, which as of is not yet in force, would re-formulate and harmonise the rules and their exceptions.
The Government of the Islamic Republic of Iran can, if it deems appropriate, for the settlement of such a dispute, agree with the submission of the dispute to arbitration in accordance with its related domestic law. In addition, Italy states its understanding that the Convention does not apply to the activities of armed forces and their personnel, whether carried out during an armed conflict as defined by international humanitarian law, or undertaken in the exercise of their official duties. Similarly, the Convention does not apply where there are special immunity regimes, including the ones concerning the status of armed forces and associated personnel following the armed forces, as well as immunities ratione personae. Italy understands that the express reference, in Article 3,paragraph 2, of the Convention, to Heads of State cannot be interpreted so as to exclude or affect the immunity ratione personae of other State officials according to international law Consequently, this Convention is without prejudice to developments in international law in this regard. Such activities remain subject to other rules of international law.
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Adopted by the General Assembly of the United Nations on 2 December Not yet Considering that the jurisdictional immunities of States and their property are English, French, Russian and Spanish texts of the present Convention are.Laurence G. 06.05.2021 at 22:29
This is the United Nations Treaty Collection homepage. Here you PRINT; SEND MAIL · VIEW THIS PAGE IN PDF · FULL DETAILS; VIEW CTC; VIEW XML United Nations Convention on Jurisdictional Immunities of States and Their Property TREATIES-1 of 6 May (Proposal of corrections to the original text of the.