ASSEMBLY SHOULD ADOPT TEXT ON JURISDICTIONAL IMMUNITIES OF STATES DURING CURRENT SESSION, LEGAL COMMITTEE IS TOLD

Fifty-ninth General Assembly                               

Sixth Committee                                            

14^th Meeting (AM)

ASSEMBLY SHOULD ADOPT TEXT ON JURISDICTIONAL IMMUNITIES OF STATES

DURING CURRENT SESSION, LEGAL COMMITTEE IS TOLD

Agreed Draft Said to Show Differences Among Countries

With Varying Systems and Practices Can Be Resolved with Political Will

The draft convention on jurisdictional immunities of States and their property should be adopted during the current session, in that it represented common ground in the difficult area involving international and corporate law as well as business practices, Sierra Leone’s representative said this morning as the Sixth Committee (Legal) concluded its consideration of the subject while also hearing the introduction of draft resolutions.

The draft convention was not perfect but was a carefully balanced outcome of negotiations and compromises, the speaker continued.  It was a consensus document by States with different legal systems, and it contained the precision and clarity that would allow for a consistent application of its provisions.

The representative of the Russian Federation said the completion of the instrument demonstrated that many difficult differences in views could be bridged with political will.  Switzerland’s delegate said the draft contributed to clarity, transparency and security of legal norms in an important area for good relations between States.

Also speaking this morning were the representatives of the Ukraine, Nepal, Morocco, Iran, Viet Nam and Malaysia.

The representative of Finland introduced a draft resolution on measures to enhance the protection, security and safety of diplomatic and consular missions and representatives.  Austria introduced a draft on the report of the United Nations Commission on International Trade Law (UNCITRAL).  Committee Vice-Chairman Csaba Simons of Hungary introduced a draft on UNCITRAL’s Legislative Guide on Insolvency Law.

The Committee will meet again at 10:00 a.m. on Thursday, 28 October, when its agenda item on the nationality of natural persons in relation to the succession of States will be taken up, along with responsibility of States for internationally wrongly acts.

Background

The Sixth Committee (Legal) met this morning to continue its consideration of the Convention on jurisdictional immunities of States and their property.  It was also expected to hear the introduction of draft resolutions.  (For background on the Convention, see Press Release GA/L/3259of 25 October.)

The Committee has before it a draft on measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (document A/C.6/59/L.14).  By the terms of the draft, the Assembly would urge States to observe, implement and enforce the principles and rules of international law concerning protection of diplomatic and consular persons and facilities.  It would urge States to take every measure at the national and international levels to prevent violence against those persons and facilities and to prevent any abuse of diplomatic or consular privileges and immunities.  The Assembly would also make specific recommendations and request the Secretary-General to take steps toward facilitating implementation of the Assembly’s recommendations.

Also before the Committee are two draft resolutions on the work of the United Nations Commission on International Trade Law (UNCITRAL).  (For background on UNCITRAL, see Press Release GA/L/3248 of 4 October.)

One draft concerns UNCITRAL’s report on its thirty-seventh session (14-25 June, New York)(document A/C.6/59/L.11).  By this, the Assembly would take note of the report and commend UNCITRAL for completing and adopting the legislative guide on insolvency law.  It would note with regret that no contributions had been made to the trust fund for providing travel assistance to developing countries and would decide to continue considering the granting of travel assistance to Commission members.  Finally, the Assembly would stress the importance of bringing UNCITRAL conventions into effect.

The other UNCITRAL draft concerns the legislative guide on insolvency law (document A/C.6/59/L.12).  By this, the Assembly would request the Secretary-General to publish the Guide and would recommend that all States give due consideration to it when assessing the economic efficiency of their insolvency regimes and when revising or adoption insolvency legislation.  It would also recommend that all States continue considering the implementation of UNCITRAL’s Model Law on Cross-Border Insolvency.

Statements

OLEKSANDR KUPCHYSHYN (Ukraine) said the establishment of a unified rule in jurisdictional immunities of States and their property provided stability and predictability in commercial transactions between States and private parties.  The importance of the subject had been recognized internationally in view of the growing direct participation of sovereign States in international commerce.  A unified regime of jurisdictional immunities could further promote consistency in such transactions, and provide States and private parties with legal basis on a wide range of issues, including those arising in judicial litigation.

He praised the constructive and fruitful work done on the subject at the last session of the Ad Hoc Committee and welcomed its recommendation that the General Assembly adopt the draft United Nations Convention on jurisdictional immunities of States and their property.  The convention’s adoption would limit the proliferation of different national regulations, he said.

JÜRG LAUBER (Switzerland) said the new draft instrument represented a major achievement in the codification and progressive development of international rules relating to jurisdictional immunities of States and their property.  Switzerland was particularly satisfied with the definition of the term “commercial transaction” in a provision of the text.  The provision recognized the role and practice of the forumState and it did not interfere with the possibility of the parties to a contract to submit their agreement to the law of their choosing in accordance with established principles in private international law.

He said the draft convention contributed to clarity, transparency and security of legal norms in a subject matter that had always been important for the maintenance of good relations between States.  It doubtless represented a major progress in the development of public international law.

HOMRAJ DAHAL (Nepal) commended the flexibility and compromise of Member States demonstrated in the Ad Hoc Committee, resulting in the finalization of the draft text.  He believed the text would be a significant contribution to the codification and progressive development of international law.  It would also enhance the rule of law in questions relating to jurisdictional immunities of States.  In addition, it would promote the interests of developing countries in their commercial dealings.  He supported the view that the convention would not cover criminal proceedings.  He hoped it would be adopted by the current General Assembly session and opened for signature.  Finally, he also expressed the hope that the new instrument would be universally accepted.

MARIA ZABOLOTSKAYA (Russian Federation) said the completion of the draft convention on jurisdictional immunities demonstrated that many difficult differences in views could be bridged with political will.  It set out international guidelines to govern immunities in such important areas as property of diplomatic and consular offices.  The text should be adopted during the current Assembly session.

ALLIEU KANU (Sierra Leone) said the draft convention on jurisdictional immunities was a result of compromises made by States from various nations and regions with different legal systems.  Many legal difficulties had been raised by the diverse issues of international law, corporate law and business practices.  The draft was a carefully balanced result providing the precision and clarity that would allow for a consistent application of its provisions.  While the convention was not perfect, it represented the common ground that had been won as a result of difficult negotiation.  The draft should be adopted at the Assembly’s current session.  In any future interpretation, the International Law Commission commentary, the reports of the Ad Hoc Committee and the Assembly resolution adopting the Convention would form an important context for it.

KARIM MEDREK (Morocco) said it was high time to adopt a convention that would render more certainty to interaction between States.  Only a convention would standardize and codify the diversity of laws presently in effect at the national level.  The consensus text met the needs and expectations of all involved.

MOSTAFA DOLATYAR (Iran) said the elaboration of a uniform legal regime on jurisdictional immunities of States and their property which added clarity and precision to the norms and principles of international law was long overdue.  He welcomed the Ad Hoc Committee’s recommendation that the text be adopted by the General Assembly.  He said the permissibility of reservations to the draft instrument was neither encouraging for the unification of the relevant national laws nor conducive to the prevalence of the rule of law in international relations, which had been the primary goal of the long negotiations on the instrument.  While supporting the draft text, his delegation hoped efforts would be made to encourage all Member States to ratify it without reservations.

NGUYEN THI VAN ANH (Viet Nam) said her country attached importance to the question of jurisdictional immunities of States and their property.  She noted that the concerns of different States and groups of States had been addressed during the negotiations on the text and to some extent taken into account.  Viet Nam, therefore, fully supported the recommendation that the General Assembly should adopt it.

PEH SUAN YONG (Malaysia) reiterated his country’s concern about a provision of the draft text relating to the criteria for determining the commercial character of a contract or transaction.  Malaysia was of the view, he said, that both the nature and purpose of tests should be taken into account in determining a commercial transaction, as the “nature” criterion alone, proposed in the text, did not always permit a court to reach a conclusion.  He also said that in determining cases on State immunity, Malaysian courts had applied both the nature and purpose tests to help them in arriving at a conclusion on the form of the contract or transaction entered into by States.

Introduction of Drafts

Finland introduced the draft on measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (document A/C.6/59/L.14).

Austria introduced the draft on UNCITRAL’s report of its thirty-seventh session (14-25 June, New York)(document A/C.6/59/L.11).

CSABA SIMONS (Hungary), Committee Vice-Chairman, introduced the draft on UNCITRAL’s Legislative Guide on Insolvency Law (document A/C.6/59/L.12).

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