";s:4:"text";s:11464:"It was not clear what was required. 8 The convention's first preambular paragraph states that "the jurisdictional immunities of States and their property are generally accepted as a principle of customary international law." To mark Space Week, the United Nations Office for Outer Space Affairs will hold a webinar tomorrow on the KiboCUBE programme, a collaboration with the Japanese Aerospace Exploration Agency giving developing countries an opportunity to deploy a satellite from Japan’s module of the International Space Station free of cost. Text of draft article 12 ..... . On immunity from implementation, he said there should be regulation of those cases in which the interests of the State might be subject to measures of constraint as a result of judicial actions against it. The representative of the United Kingdom recommended that the Commission's proposals be transformed into a model law, which would not be binding on any State and would leave room for practice to develop. As regards post-judgement measures, the Commission thought those should be possible where the State had expressly consented either ad hoc or in advance; and envisaged measures being taken with respect to property designated to satisfy the claim. At its 2235th meeting, on 4 July 1991, the Com-mission decided, in conformity with article 23 of its Stat-ute, to recommend to the General Assembly that it should convene an international conference of plenipo- He said that in view of the widely different and even polarized State practices, it would be wise to acknowledge that international law was still being developed. ORLANDO REBAGLIATI (Argentina) said the basic question before the working group was the existence of immunities for the political entities that make up States. J. Int'l L. & Pol'y 395 (1989). The development of international law on the subject should not be frozen. This is the fourth of a series of reports on the topic of jurisdictional immunities of States and their prop erty, prepared and submitted by the Special Rapporteur for consideration and deliberation by the International On the question of redress for injury or damage sustained in the territory of the forum State, it had taken note of the Commissions commentary that the provision did not apply to situations involving armed conflict. If it were not possible to satisfy those conditions, the Committee must recognize that limitation in a spirit of sober realism. 2. JURISDICfIONAL IMMUNITIES OF STATES AND THEIR PROPERTY [Agenda item 3] DOCUMENT A/CN.4/376 and Add.l and 2 Sixth report on jurisdictional immunities of States and their property, by Mr. Sompong Sucharitkul, Special Rapporteur [Original: English] [31 January and 18 April 1984] CONTENTS Paragraphs Page On the concept of State enterprise in relation to commercial transactions, he said denial of their immunity should not mean a denial of the immunity of the State. He said the issue of criteria for determining the commercial character of a contract or transaction arose only if the parties had not agreed on the application of a specific criterion, and the applicable legislation did not require otherwise. For the purposes of the present articles: On that question, the report of the Commissions most recent session (document A/54/10) includes the suggestions it adopted on the recommendation of its working group. The Commis-sion, while recognizing the importance of the question, felt that it called for more time and study. With regard to pre-judgement measures, it had envisaged a number of possible cases and offered suggestions. However, he added, it might be better to indicate more plainly in the text exactly what the Assembly considered itself to be doing when it adopted the draft articles. If the draft articles were not sent back to the Commission for further work, at least one week should be allocated to its consideration next year. Round-up of the Security Council's activities, Main part of the 74th session of the General Assembly, High-Level Meetings of the 74th General Assembly. The Commission had made several suggestions on the matter. It was of no use to establish cases where jurisdictional immunity could not be involved, if one did not provide some possibility for carrying out a judgement. The Commission's discussions were based on the conclusions of a Sixth Committee working group established last year to update the Commission's 1991 version of draft articles on jurisdictional immunities and deal with outstanding substantive issues. The Sixth Committee (Legal) met this afternoon to conclude its debate on nationality issues and take up another topic in the report of the International Law Commission, relating to jurisdictional immunities of States and their property. The working group had looked at recent developments of State practice and legislation, as well as comments submitted by States. They cover the concept of State for the purpose of immunity; criteria for determining the commercial character of a contract or transaction; the concept of a State enterprise or other entity in relation to commercial transactions; contracts of employment; and measures of constraint against State property. Article 2 Use of terms 1. Commercial character should be the determining factor in the granting of immunity to foreign States on issues relating to contracts or transactions of a commercial, industrial, trading or professional nature. The subject was a difficult one and no meaningful progress could be made in the discussions without sufficient time. Those included situations in which the State had expressly consented either ad hoc or in advance; measures involving property designated to satisfy the claim and measures involving the property of an agency enjoying a separate legal personality. Habitual residence was an extremely useful criterion for determining nationality but other complementary criteria should also be taken into account. The provision on the concept of State, which was the subject of controversy between federal States and non-federal States, concerned particularly the problem resulting from the potential dual capacity of constituent units to exercise governmental authority on behalf of the State or act on their own behalf, according to the constitutional distribution of public power between the State and its constituent units. For information media. He agreed with the substance of article 5, on presumption of nationality, but said it could have been clearer. He welcomed the recommendation that the draft be adopted as a declaration. DiploFoundation. Furthermore, the draft articles provided the necessary flexibility for dealing with the various kinds of succession. Nothing that the document and its commentaries consisted of a "modest 75 pages", he describes it as "good value for money, which even the most hardened cost accountant would have to admit, and achieved with a nice sense of momentum very apt to capture and then maintain the interest of government's". Because the institutions of State immunity were tied up with the development of a modern system of trade and commerce, there would be no future in an attempted codification of State immunity law that did not correspond to modern conditions of international trade or failed to cover adequately all the issues that were likely to arise. It would not be binding on any State and would therefore leave room for practice to develop. Jurisdictional immunities of States and their property 13 to the General Assembly, together with a recommenda-tion (see para. Not an official record. It has been accepted for Mexico was willing to consider ways to resolve the matter that took account of the need for legal certainty. It was an extremely important limitation that should be made explicit in the draft articles. The working group considered outstanding substantive issues related to the draft articles on jurisdictional immunities adopted by the Commission in 1991. ZDZISLAW GALICKI, Chairman of the International Law Commission, introduced the Commissions work on jurisdictional immunities of States and their property. DiploFoundation. He suggested other wording that would specify, constituent units or other political subdivisions empowered to act in exercise of governmental authority. The introductory note in the fourth report on jurisdictional immunities of States and their property may … JURISDICTIONAL IMMUNITIES OF STATES AND THEIR PROPERTY [Agenda item 4] DOCUMENT A/CN .4/388* Seventh report on jurisdictional immunities of States and their property, by Mr. Sompong Sucharitkul, Special Rapporteur CONTENTS INTRODUCTOR Y NOTE ..... . Press Release GA/L/3121 DEBATE ON JURISDICTIONAL IMMUNITIES OF STATES AND THEIR PROPERTY BEGINS IN SIXTH COMMITTEE 19991027 . Nevertheless, the language used could be confusing with respect to political subdivisions. The Sixth Committee (Legal) this afternoon began consideration of the International Law Commission's work on the question of jurisdictional immunities of States and their property, as described in the Commission's annual report. [�1�wq��f����*@� D�L��� .�j��l�BN}P uK�F�U�. HANS LAMMERS (Netherlands) said that sincere effort should be undertaken to harmonize as much as possible the rules on State immunity. It was perhaps not a fundamental point, but proper clarification might ensure that the text held together from a legal standpoint. Some members raised the question of State-owned or State-operated aircraft engaged in commercial service as well as the question of space objects. Although it would be desirable to reach agreement, the rules governing State immunity operated as part of a very real world of international transactions, a world which was changing very fast. NOBUKATSU KANEHARA (Japan) said it was regrettable that only three days had been allocated for discussion of the issue of State immunity. United Kingdom Proposes Drafting Model Law Rather Than Codifying Rules In cases of occupation or unlawful annexation, the situation existing prior to the commission of the unlawful act would remain in force. Noting that the subject of State immunity had occupied both the Commission and the Committee over many years, he said the rules must be viewed in the context of a rapidly changing real world of international transactions. Adopting the draft articles in the form of a declaration would adequately address the needs of States, he said. 1 0 obj<>
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