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Relevant bibliographies by topics / United Nations Convention on Jurisdictional Immunities of States and Their Property

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Academic literature on the topic 'United Nations Convention on Jurisdictional Immunities of States and Their Property'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 February 2023

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Journal articles on the topic "United Nations Convention on Jurisdictional Immunities of States and Their Property"

1

Dickinson, Andrew. "Status of Forces under the UN Convention on State Immunity." International and Comparative Law Quarterly 55, no. 2 (April 2006): 427–36. http://dx.doi.org/10.1093/iclq/lei090.

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The United Nations Convention on Jurisdictional Immunities of States and Their Property was adopted by the UN General Assembly on 2 December 2004.1 The General Assembly recorded, in the first paragraph of its resolution adopting the Convention, its ‘deep appreciation to the International Law Commission and the Ad Hoc Committee on jurisdictional Immunities of States and their Property for their valuable work on the law of jurisdictional immunities of States and their property’. Whatever view one takes as to the merits of the Convention text or the prospects of its success,2 it cannot be doubted that this acknowledgment was well deserved—it is, if anything, an understatement to describe the conclusion of a detailed international instrument on state immunity, embodying the restrictive theory of immunity, as a ‘diplomatic triumph’.

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2

Stewart, David P. "United Nations Convention on Jurisdictional Immunities of States and Their Property." International Legal Materials 44, no. 4 (July 2005): 801–14. http://dx.doi.org/10.1017/s0020782900011633.

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3

Hafner, Gerhard, and Ulrike Köhler. "The United Nations Convention on jurisdictional immunities of states and their property." Netherlands Yearbook of International Law 35, no. -1 (October 21, 2005): 3. http://dx.doi.org/10.1017/s0167676804000030.

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4

Banh, Tuan Quoc. "BASIS FOR PROPOSAL OF ENFORCEMENT OF THE FOREIGN SOVEREIGN IMMUNITIES ACT IN VIETNAM." Science and Technology Development Journal 17, no. 4 (December 31, 2014): 112–32. http://dx.doi.org/10.32508/stdj.v17i4.1548.

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Through analyzing the formation and development of doctrine of state immunity and the international experience in creating laws to concretize the contents of immunity right, such as the United Nations Convention on Jurisdictional Immunities of States and their Property 2004 and national act of typical nations in the world, the author clarifies theoretical basis for the creation of the foreign sovereign immunities act in Vietnam as well as proposes some fundamental issues concerning the content of the act.

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5

Webb, Philippa. "Should the 2004 un State Immunity Convention serve as a model/starting point for a future un Convention on the Immunity of International Organizations?" International Organizations Law Review 10, no. 2 (June 20, 2014): 319–31. http://dx.doi.org/10.1163/15723747-01002005.

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This paper argues that the 2004 United Nations Convention on Jurisdictional Immunities of States and their Property should not serve as a model for a new convention with regard to international organizations. It has been suggested that there would be some advantages in preparing a draft convention on the jurisdictional immunity of international organizations: it would make the law governing the immunities of international organizations more ‘easily ascertainable’; a convention would progressively develop the law; and it would make a useful counterpart and parallel convention to the 2004 convention. However, this paper contends that each of these reasons — while appealing from the perspective of harmonization and a notion of an accessible and predictable international ‘rule of law’ — does not overcome the problems of principle, practice and precedent. However, the immunities afforded to State officials may have greater value as a model for the immunities of officials of international organizations.

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6

Banh, Tuan Quoc. "THE JOINING INTO THE UNITED NATIONS CONVENTION ON JURISDICTIONAL IMMUNITIES OF STATES AND THEIR PROPERTY 2004 OF VIETNAM." Science and Technology Development Journal 15, no. 1 (March 22, 2020): 67–78. http://dx.doi.org/10.32508/stdj.v15i1.1784.

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By summarizing the main contents of the United Nations Convention on Jurisdictional Immunities of States and their Property on 2nd December 2004, the author has analyzed actual and theory aspects on the necessity of Vietnam’s joining this Convention in order to protect interests of Vietnam State in the setting that these days the State and economic sectors are participating much in trading, commercial and investment activities with foreign subjects, and contribute to improving Vietnam legislations during international globalization.

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7

JURATOWITCH, Ben. "Waiver of State Immunity and Enforcement of Arbitral Awards." Asian Journal of International Law 6, no. 2 (February 13, 2015): 199–232. http://dx.doi.org/10.1017/s204425131400040x.

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If a state has waived state immunity by agreement with a non-state entity in advance of court proceedings brought by that entity to enforce an arbitral award against that state, then the enforcement court should give effect to the waiver. That is the opposite of what the Hong Kong Court of Final Appeal decided in Democratic Republic of the Congo v. FG Hemisphere, but it is the approach reflected in the 2004 United Nations Convention on the Jurisdictional Immunities of States and their Property. After examining that Hong Kong case and that United Nations Convention, this paper considers the position in various jurisdictions. The prevalent position is in general terms that consent to arbitration usually constitutes waiver of state immunity from jurisdiction of a court to recognize the arbitral award as creating a debt binding on the state, but usually does not constitute waiver of state immunity from execution of that debt against the assets of the state. The conclusion of the paper includes a model waiver of state immunity from jurisdiction and from execution.

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8

Blumrosen, Alexander, and Fleur Malet-Deraedt. "NML Capital Ltd. v. Republic of Argentina." American Journal of International Law 107, no. 3 (July 2013): 638–44. http://dx.doi.org/10.5305/amerjintelaw.107.3.0638.

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In three cases decided on the same day, the French Court of Cassation held that the provisional attachments of funds belonging to the Republic of Argentina by NML Capital Ltd. (NML) were void on the ground of sovereign immunity from enforcement because the funds were intended to finance state noncommercial activities and had not been subject to an express waiver of immunity by Argentina. These cases are the first judicial application by the Court of Cassation of the 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property (2004 UN Convention), which France signed on January 17, 2007, and ratified on June 28, 2011.

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9

Garnett, Richard. "STATE AND DIPLOMATIC IMMUNITY AND EMPLOYMENT RIGHTS: EUROPEAN LAW TO THE RESCUE?" International and Comparative Law Quarterly 64, no. 4 (August 24, 2015): 783–827. http://dx.doi.org/10.1017/s0020589315000366.

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AbstractThe issues of State and diplomatic immunity in cases involving persons employed by foreign States in embassies or consulates or engaged directly by diplomats remain controversial. The focus of this article is on recent developments in European law, in particular under the European Convention on Human Rights, the Brussels I Regulation and the Charter of the European Union, the effect of which has been to enhance the rights of employees of foreign States. Analysis is also made of the United Nations Convention on Jurisdictional Immunities of States and their Property and the current domestic practice of States with the aim of identifying the present international law standard on State immunity and embassy and consular employment. Employees of diplomats, however, remain inadequately protected and this article considers possible strategies for improving their position.

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10

Barker, J. Craig. "Negotiating the Complex Interface between State Immunity and Human Rights: An Analysis of the International Court of Justice Decision in Germany v. Italy." International Community Law Review 15, no. 4 (2013): 415–36. http://dx.doi.org/10.1163/18719732-12341262.

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Abstract One of the most controversial areas of contemporary international law is the interface between immunities and human rights. International immunities have been successfully challenged on human rights grounds in certain jurisdictions. However, to date, no international court tribunal has endorsed such challenges. In its judgment in Germany v. Italy the International Court of Justice re-asserted the conservative approach to the relationship between State immunity and human rights, which rejects the claim that State immunity is “trumped” by hierarchically superior human rights norms. This article examines the Court’s reasoning, before turning to consider the alternative vision of the interface between State immunity and human rights presented by Judge Cinçado Trindade. While persuasive, Trindade’s analysis must ultimately be rejected. The overtly positivist and formalistic approach of the Court, which is itself open to criticism, was, nevertheless, necessitated by the failure of States to provide for a human rights exception in the United Nations Convention on the Jurisdictional Immunities of States and Their Property 2004, signifying a strong opinio juris against the further limitation of State immunity at the present time. Nevertheless, the Court carefully sought to limit the effects of its judgment by limiting its focus to the specific questions before it.

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Books on the topic "United Nations Convention on Jurisdictional Immunities of States and Their Property"

1

Bu de yuan yin guo jia huo mian de su song: Guo jia ji cai chan guan xia huo miao li wai wen ti yan jiu = The proceedings in which state immunity cannot be invoked. Guangzhou: Ji nan da xue chu ban she, 2011.

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2

Shīmī, Aḥmad Ḥusayn Ḥusayn. Ḥudūd al-masʼūlīyah al-jināʼīyah li-dhawī al-ḥaṣānāt al-diblumāsīyah. al-Manṣūrah: Dār al-Fikr wa-al-Qānūn lil-Nashr wa-al-Tawzīʻ, 2022.

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3

Tams, Christian J., Antonios Tzanakopoulos, and Roger O'Keefe. United Nations Convention on Jurisdictional Immunities of States and Their Property: A Commentary. Oxford University Press, 2013.

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4

United Nations Convention on Jurisdictional Immunities of States and Their Property: A Commentary. Oxford University Press, 2013.

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5

United Nations Convention on Jurisdictional Immunities of States and Their Property: A Commentary. Oxford University Press, Incorporated, 2013.

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6

O'Keefe, Roger, and Christian Tams, eds. The United Nations Convention on Jurisdictional Immunities of States and Their Property : A Commentary. Oxford University Press, 2013. http://dx.doi.org/10.1093/law/9780199601837.001.0001.

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7

Pavoni, Riccardo. The Myth of the Customary Nature of the United Nations Convention on State Immunity: Does the End Justify the Means? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198830009.003.0015.

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According to the European Court of Human Rights (ECtHR), the not-yet-in-force 2004 UN Convention on Jurisdictional Immunities of States and Their Property (UNCSI) codifies the customary law of State immunity. This chapter challenges that unqualified view,which signals a superficial reading of the UNCSI process, background, and norms. A primary illustration is offered by Article 11 on the employment exception to State immunity which, taken as a whole, is simply not validated by uniform State practice. Nonetheless, the ECtHR has consistently relied on that UNCSI provision. The chapter does not lose sight of the high level of protection of embassy employees and similarly situated individuals, which derives from the ECtHR UNCSI-related jurisprudence, and accepts that such a level of protection may have been the ultimate end pursued by the Court. Yet it is open to question whether that end is worth every legal means, including reliance on a convention which, in various respects, might result in an undue ossification and regression of the law of State immunity as hitherto interpreted and applied by many States.

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Book chapters on the topic "United Nations Convention on Jurisdictional Immunities of States and Their Property"

1

van Woudenberg, Nout. "Developments Concerning Immunity from Seizure for Cultural State Property on Loan." In Intersections in International Cultural Heritage Law, 343–63. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198846291.003.0015.

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This chapter examines recent developments supporting a recently emerging rule of customary international law that cultural objects belonging to foreign States and on temporary loan for an exhibition are immune from seizure. It assesses, in particular, the 2004 UN Convention on Jurisdictional Immunities of States and Their Property, a declaration on jurisdictional immunities of State-owned cultural property in the Committee of Legal Advisers on Public International Law of the Council of Europe, a Draft Convention by the International Law Association on immunity from suit and seizure for all cultural property on loan, as well as legal developments in the United States, Europe, and Australia. These developments strengthen the existence of the rule of customary international law on immunity from seizure for cultural State property on loan, though they also confirm certain exceptions to that rule, namely that the rule does not extend to those cultural objects which have been the subject of a serious breach of an obligation arising under a peremptory norm of general international law, or which are already subject to return obligations under international or European law.

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