29 of the forty-eighth regular session, held on 15 November 1993 (A/C.6/48/SR.29) Decided that consultations should be held in the framework of the Sixth Committee at its forty-ninth session, to continue consideration of the substantive issues regarding which the identification and attenuation of differences was desirable in order to facilitate the successful conclusion of a convention through general agreement. General Assembly resolution 32/151 of 19 December 1977(Report of the International Law Commission) The Ad Hoc Committee further endorsed the recommendation of the Working Group of the Whole that the general understanding that the draft convention did not apply to criminal proceedings should be reflected in an appropriate place, such as in a General Assembly resolution. 72nd – 81st sessions, 2010–2019: Part V was left to the following year. 19 alternative A and B), and arbitration (art.20). Report of the Drafting Committee, Draft articles on jurisdictional immunities of states and their property. United Kingdom Privy Council, Boru Hatlari Ile Petrol Taşima AŞ and others v Tepe Insaat Sanayii AS, [2018] UKPC 31. Report of the International Law Commission on the work of its thirtieth session, 8 May to 28 July 1978 (A/33/10, reproduced in Yearbook of the International Law Commission 1978, vol. The Ad Hoc Committee on jurisdictional immunities of States and their property held three sessions, from 4 to 15 February 2002, from 24 to 28 February 2003 and from 1 to 5 March 2004. Informal consultations held pursuant to General Assembly decision 48/413 (A/C.6/49/L.2, 4 October 1994)

What form the outcome of the ILC’s work should take (e.g., convention, model law, guidelines); and, Whether there is an exception to State immunity for violation of. New Zealand High Court, Fang and Others v. Jiang and Others, 21 December 2006.
Review of the entire set of draft articles with suggested reformulations, taking into account the views expressed by members of the Commission at its 41st session, as well as Governments in their written comments and in the 6th Committee. 33 to 46 of the thirty-ninth regular session, held, respectively, from 1 to 14 November 1984 (A/C.6/39/SR.33, A/C.6/39/SR.34, A/C.6/39/SR.35, A/C.6/39/SR.36, A/C.6/39/SR.37, A/C.6/39/SR.38, A/C.6/39/SR.39, A/C.6/39/SR.40, A/C.6/39/SR.41, A/C.6/39/SR.42, A/C.6/39/SR.43, A/C.6/39/SR.44, A/C.6/39/SR.45, A/C.6/39/SR.46)



Outstanding substantive issues and the question of convening a conference to adopt the Convention were referred to an open-ended Working Group of the Sixth Committee, established by the General Assembly.

Report of the Drafting Committee, Draft articles on jurisdictional immunities of States and their property. Three further draft articles: contracts of employment (art.13), personal injuries and damage to property (art.14), and ownership, possession and use of property (art.15). Codification Division, Office of Legal Affairs Report of the Sixth Committee, “Convention on jurisdictional immunities of States and their property” (A/58/512, 4 November 2003) 1 (g), 3, para.2, and 15 (1983) (A/CN.4/L.364) The General Assembly, in resolution 58/74 of 9 December 2003, decided to reconvene the Ad Hoc Committee on Jurisdictional Immunities of States and Their Property with the mandate to formulate a preamble and final clauses, with a view to completing a convention on jurisdictional immunities of States and their property. II, Part Two (A/CN.4/SER.A/1978/Add.l (Part 2))) 

2 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 The Commission began the second reading of the draft articles based on the three reports of the new Special Rapporteur, Mr. Motoo Ogiso, at its forty-first session, in 1989.

After analysing the travaux of article 6, the Court concluded that the concept of “interests” could not be carried so far as to cover “reputational or like disadvantage” to a State and indirect impleading needed some specifically legal effect on the State (paras. At the forty-ninth session of the General Assembly, in 1994, the Sixth Committee, in accordance with General Assembly decision 48/413, decided to convene informal consultations.

General Assembly resolution 55/150 of 12 December 2000 (Convention on jurisdictional immunities of States and their property) 0000005069 00000 n However, “[t]o attach equivalent relevance to the use in a Convention with no binding international status of the ambiguous terminology of article 6(2)(b) is to take Lord Bingham’s words out of context” (ibid). Part II (General Principles) sets out the rules relating to express waiver, participation in court proceedings by the foreign State, and counterclaims. United Kingdom House of Lords, Jones v. Ministry of the Interior of the Kingdom of Saudi Arabia and another (Secretary of State for Constitutional Affairs and another intervening), [2006] UKHL 26. Part VI (Final Clauses) contains the standard provisions relating to signature (article 28), ratification (article 29), entry into force (article 30), denunciation (article 31), depositary and notifications (article 32), and authentic texts (article 33).

The Commission took note of the report of the Working Group and, on the basis of the recommendations contained therein, decided to begin its consideration of the topic “Jurisdictional immunities of States and their property”. The Ad Hoc Committee adopted its report (A/58/22) containing the text of draft articles (A/58/22, Annex I), together with understandings with respect to draft articles 10 (Commercial transactions), 11 (Contracts of employment), 13 (Ownership, possession and use of property), 14 (Intellectual and industrial property), 17 (Effect of an arbitration agreement) and 19 (as renumbered, previously article 18) (State immunity from post-judgement measures of constraint) as well as a general understanding that the draft articles did not cover criminal proceedings (A/58/22, Annex II). 55 0 obj Stewart, “The UN Convention on Jurisdictional Immunities of States and their Property”, American Journal of International Law, vol. /ID [<0C2522895A7998EB5B5C55F173F67C88><32372D44362D35302D31442D33362D39>]

Article 27 contains a compromissory clause providing for settlement of disputes concerning the interpretation or application of the Convention by arbitration or referral to the International Court of Justice, along with an opting-out procedure at the time of signature, ratification or accession.
), The United Nations Convention on Jurisdictional Immunities of States and Their Property: A Commentary, Oxford University Press, Oxford, 2013. Preliminary consideration, introduction to topic, historical background, possible source materials, rough analytical outline, possibility of eventual preparation of draft articles.

General Assembly resolution 53/98 of 8 December 1998 (Convention on jurisdictional immunities of States and their property)


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