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13. United Nations Convention on Jurisdictional Immunities of States and Their Property

New York, 2 December 2004

 

Not yet in force: in accordance with article 30 which reads as follows: "1. The present Convention shall enter into force on the thirtieth day following the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations. 2. For each State ratifying, accepting, approving or acceding to the present Convention after the deposit of the thirtieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification, acceptance, approval or accession.".
Status: Signatories: 28 ,Parties: 4.
Texte: Doc. A/59/508; depositary notification C.N.141.2005.TREATIES-4 of 28 February 2005 [Proposal of corrections to the original text of the Convention (Chinese version)] and C.N.419.2005.TREATIES-6 of 31 May 2005 [Corrections to the original text of the Convention (Chinese version)]. 

Note: The above Convention was adopted during the 65th plenary meeting of the General Assembly by resolution A/59/38 of 2 December 2004. In accordance with its articles 28 and 33, the Convention shall be open for signature by all States from 17 January 2005 until 17 January 2007, at United Nations Headquarters in New York.

 

 

PARTICIPANTS


Participant  Signature  Ratification, Acceptance (A), Approval (AA), Accession (a) 
Austria  17 Jan 2005  14 Sep 2006 
Belgium  22 Apr 2005   
China  14 Sep 2005   
Czech Republic  13 Oct 2006   
Denmark  19 Sep 2006   
Estonia  30 Mar 2006   
Finland  14 Sep 2005   
France  17 Jan 2007   
Iceland  16 Sep 2005   
India  12 Jan 2007   
Iran (Islamic Republic of)  17 Jan 2007   
Japan  11 Jan 2007   
Lebanon  11 Nov 2005   
Madagascar  15 Sep 2005   
Mexico  25 Sep 2006   
Morocco  17 Jan 2005   
Norway  8 Jul 2005  27 Mar 2006 
Paraguay  16 Sep 2005   
Portugal  25 Feb 2005  14 Sep 2006 
Romania  14 Sep 2005  15 Feb 2007 
Russian Federation  1 Dec 2006   
Senegal  21 Sep 2005   
Sierra Leone  21 Sep 2006   
Slovakia  15 Sep 2005   
Sweden  14 Sep 2005   
Switzerland  19 Sep 2006   
Timor-Leste  16 Sep 2005   
United Kingdom of Great Britain and Northern Ireland  30 Sep 2005   
 

 

DECLARATIONS


Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made

upon ratification, acceptance. approval or accession.)

Norway

Declaration:

"Recalling inter alia resolution 59/38 adopted by the General Assembly of the United Nations on 2 December 2004, in which the General Assembly took into account, when adopting the Convention, the statement of 25 October 2004 of the Chairman of the Ad Hoc Committee on Jurisdictional Immunities of States and Their Property introducing the Committee's report, Norway hereby states its understanding that the Convention does not apply to military activities, including the activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, and activities undertaken by military forces of a State in the exercise of their official duties. Such activities remain subject to other rules of international law. Similarly, as also noted in the said statement, the Convention does not apply where there is a special immunity regime, including immunities ratione personae. Thus, the express mention of heads of State in Article 3 should not be read as suggesting that the immunity ratione personae of other State officials is affected by the Convention.

Furthermore, in cases where it has been established that property of a State is specifically in use or intended for use by the State for other than government non-commercial purposes and is in the territory of the State of the forum, it is the understanding of Norway that Article 18 does not prevent pre-judgement measures of constraint from being taken against property that has a connection with the entity against which the proceeding was directed.

Finally, Norway understands that the Convention is without prejudice to any future international development in the protection of human rights."