AD HOC COMMITTEE ADOPTS DRAFT CONVENTION ON JURISDICTIONAL IMMUNITIES OF STATES AS IT CONCLUDES FIVE-DAY SESSION

Ad Hoc Committee on Jurisdictional                         

Immunities of States and Their Property                    

8^th Meeting (AM)

AD HOC COMMITTEE ADOPTS DRAFT CONVENTION ON JURISDICTIONAL IMMUNITIES

OF STATES AS IT CONCLUDES FIVE-DAY SESSION

Concluding its third session this morning, the Ad Hoc Committee on Jurisdictional Immunities of States and Their Property adopted a report containing a draft convention to be submitted to the General Assembly.

The proposed United Nations Convention on Jurisdictional Immunities of States and their Property would apply to the immunity of a State and its property from the jurisdiction of the courts of another State and define limits to the right of immunity for a State entering into commercial activities.  Such limits would cover, among other things, commercial transactions, employment contracts, personal injuries and damage to property, ownership of property, intellectual and industrial property, and participation in companies or other collective bodies.  The draft convention would enter into force after ratification by 30 States and would not affect State privileges and immunities accorded to diplomatic activities, which are traditionally granted immunity.

According to the preamble of the draft convention, jurisdictional immunities of States and their property are generally accepted as a principle of customary international law.  The convention would enhance the role of law and legal certainty, particularly in the 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 that area, taking into account developments in State practice.

Introducing the report (document A/AC.262/L.6), Ana Carlina Plazas (Colombia), the Committee’s Rapporteur, outlined the breakdown of its chapters, noting that paragraph 11 of Chapter II dealt with the agreement reached on the preamble and the final clauses.  Paragraph 12 reflected the view of the Committee’s Working Group of the Whole regarding the proper placement of the general understanding that the draft Convention did not cover criminal proceedings.  Annex II contained written proposals and suggestions submitted at the present session of the Ad Hoc Committee.

Following the report’s adoption, Committee Chairman Gerhard Hafner (Austria) described the action as a significant achievement in international law, resulting from three decades of work.  That had preceded three years of work by the Ad Hoc Committee, which was established by General Assembly resolution 55/150 of 12 December 2000.

He said the successful outcome represented an important step in a matter that increasingly occupied courts around the world in an era of increased globalization.  The proposed convention would increase stability and predictability in international relations, especially in issues involving both States and private persons.  It represented a concrete step toward the harmonization of that area of law.

During the meeting, Jordan’s representative, on behalf of the Arab Group, drew attention to problems in the Arabic version of the text.  It was decided that comments regarding the Arabic text should be submitted by Friday, 19 March.

The draft convention has been under preparation since December 1994 (General Assembly resolution A/Res/49/61).  During its second session, from 24 to 28 February 2003, the Ad Hoc Committee finalized the drafting of the convention’s articles and understandings.  The current session (1 to 5 March) finalized the drafting of the preamble and concluding clauses.

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