UN Convention on Jurisdictional Immunities of States and their Property
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The United Nations Convention on Jurisdictional Immunities of States and their Property is a treaty that was adopted by the United Nations General Assembly on December 2, 2004. The purpose of the convention is to clarify the rules governing the immunity of states and their property from the jurisdiction of foreign courts.
The convention affirms the principle of sovereign equality of states and recognises the importance of respecting the sovereignty of states in international relations. It establishes a set of rules that determine when a state can be sued in the courts of another state, and when its property can be subject to enforcement measures.
Under the convention, a state is immune from the jurisdiction of another state's courts except in certain specified cases, such as when the state has expressly waived its immunity or when it has engaged in commercial activity in the other state. The convention also establishes procedures for determining whether a state has waived its immunity, and sets out rules for the enforcement of judgments against states.
The convention has been signed by 30 states and ratified by 19 as of September 2021. However, it has not yet entered into force as it requires the ratification of 30 states to do so. The convention has been the subject of some controversy, particularly in relation to its impact on human rights cases and the ability of individuals to hold states accountable for violations of their rights.
The convention affirms the principle of sovereign equality of states and recognises the importance of respecting the sovereignty of states in international relations. It establishes a set of rules that determine when a state can be sued in the courts of another state, and when its property can be subject to enforcement measures.
Under the convention, a state is immune from the jurisdiction of another state's courts except in certain specified cases, such as when the state has expressly waived its immunity or when it has engaged in commercial activity in the other state. The convention also establishes procedures for determining whether a state has waived its immunity, and sets out rules for the enforcement of judgments against states.
The convention has been signed by 30 states and ratified by 19 as of September 2021. However, it has not yet entered into force as it requires the ratification of 30 states to do so. The convention has been the subject of some controversy, particularly in relation to its impact on human rights cases and the ability of individuals to hold states accountable for violations of their rights.
