India signs UN pact on Jurisdictional Immunities

United Nations, Jan 13: India has signed a treaty on the UNConvention 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 Assemblyresolution A/59/49 on December 2, 2004, was the successful outcome of along process of extensive preparatory work and difficult negotiationsthat began in 1977 when the International Law Commission took up thesubject pursuant to the recommendation of the UN General Assemblyresolution 32/151 on December 19, 1977.

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

The convention represented a major achievement in codification andprogressive development of international law relating to jurisdictionalimmunities of states and their property.

Its unified rules would provide stability and predictability incommercial transactions between states and private parties and willhave great significance in view of the growing direct participation ofsovereign states in international commerce.

The convention will contribute to clarity, transparency andsecurity of legal norms in a subject matter that had always beenimportant for the maintenance of good relations among states. It willprovide a solid foundation for states to develop domestic law andregulate their interaction with greater harmony between legislation ofstates.

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

The convention provides detailed rules for determining whatconstitutes a commercial transaction, and other matters in respect ofwhich states will not enjoy immunity. It safeguards and reiterates theimmunities available to diplomatic and consular missions and clearlyspecifies the properties and assets of a state which are immune fromattachment and other means of enforcement action pursuant to a courtjudgment.

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