United Nations Convention on jurisdictional immunities of States and their property
The United Nations Convention on Jurisdictional Immunities of States and Their Property (UNCIOSP) is an international treaty that was adopted by the United Nations General Assembly on December 2, 2004. It entered into force on January 17, 2016, after it was ratified by 30 states.
The convention aims to establish a set of rules and principles regarding the jurisdictional immunities of states and their property. It seeks to clarify the extent to which a state can be subjected to the jurisdiction of another state’s courts, and the conditions under which a state’s property can be subject to enforcement measures.
The main provisions of the convention include:
- Immunity from jurisdiction: The convention establishes the principle of immunity from the jurisdiction of foreign courts for states. It states that a state is immune from the jurisdiction of the courts of another state, subject to certain exceptions.
- Exceptions to immunity: The convention provides for several exceptions to the principle of immunity. These exceptions include commercial activities, contracts, torts, property rights, and certain criminal matters. If a state engages in any of these activities or falls under any of these exceptions, it may be subject to the jurisdiction of another state’s courts.
- Immunity from enforcement measures: The convention also addresses the immunity of a state’s property from enforcement measures. It establishes that the property of a state is generally immune from enforcement, subject to certain exceptions.
- Human rights and humanitarian law: The convention emphasizes that nothing in it should be construed as affecting the immunities of states and their property in relation to international human rights law and international humanitarian law.
The convention provides a framework for resolving disputes related to jurisdictional immunities of states and their property. It encourages states to settle such disputes through negotiations or other peaceful means.
It is important to note that the UNCIOSP has been ratified by a limited number of states, and not all countries are party to the convention. Therefore, the rules and principles established by the convention may not be universally applicable. Each country has its own laws and regulations regarding the jurisdictional immunities of states and their property.