India initials pact over Convention on Jurisdictional Immunities

United Nations, Jan 13 (UNI) India has signed a treaty on the UN Convention on Jurisdictional Immunities of States and their Property.

The treaty was initialed yesterday by envoy to the UN Nirupam Sen.

The convening of the convention following the UN General Assembly resolution A/59/49 on December 2, 2004, was the successful outcome of a long process of extensive preparatory work and difficult negotiations that began in 1977 when the International Law Commission took up the subject pursuant to the recommendation of the UN General Assembly resolution 32/151 on December 19, 1977.

After the International Law Commission completed its work on the subject and submitted a set of draft articles in 1991, the matter remained under consideration of a Working Group of the Sixth Committee and of the Ad Hoc Committee.

The convention represented a major achievement in codification and progressive development of international law relating to jurisdictional immunities of states and their property.

Its unified rules would provide stability and predictability in commercial transactions between states and private parties and will have great significance in view of the growing direct participation of sovereign states in international commerce.

The convention will contribute to clarity, transparency and security of legal norms in a subject matter that had always been important for the maintenance of good relations among states. It will provide a solid foundation for states to develop domestic law and regulate their interaction with greater harmony between legislation of states.

It takes into account developments in state practice. While recognising the customary rule that states enjoy immunity from the jurisdiction of the courts of other states, it provides restrictions on the immunity of states in respect of their commercial transactions.

The convention provides detailed rules for determining what constitutes a commercial transaction, and other matters in respect of which states will not enjoy immunity. It safeguards and reiterates the immunities available to diplomatic and consular missions and clearly specifies the properties and assets of a state which are immune from attachment and other means of enforcement action pursuant to a court judgment.

UNI