A wellknown institution was then extracted from its historical and functional context and, after slight modification, used to fulfil completely different social needs. Introduction as interpreted by the european court of human rights ecthr, the right of access to a court guaranteed by article 61 of the european convention on human rights. Introduction as interpreted by the european court of. European convention on stat e immunity 1972 coets 2 16 may 1972 european convention on stat e immunity basle, 16. Scribd is the worlds largest social reading and publishing. European convention on state immunity with additional protocol, done at basle on may 16, 1972. The convention aims to establish common rules relating to the scope of the immunity of one party from the jurisdiction of the courts of another party. Should a state ever be immune from proceedings in a foreign court when. The european convention on state immunity was signed in basel on may 16, 1972 and is currently in force in 8 countries. Basel, 16051972 treaty open for signature by the member states signatories to treaty ets 74 and for accession by the.
Jun 21, 2018 other states outside of the uk developed a restrictive doctrine of immunity, whereby only governmental acts attracted immunity. It is a basic principle of international law that a sovereign state does not adjudicate on the conduct of a foreign state. European convention on state immunity 1972 coets 2 16. The foreign state is entitled to procedural immunity from the processes of the forum state. The uk implemented its provisions through the state immunity act 1978. Although rules of sovereign immunity form part of customary international law, today they are incorporated either in international treaties, such as the 1972 european convention on state immunity, or in national statutes of certain states, such as the 1976 u. Article published version refereed original citation. State officials and immunity in international law introduction. Immunity of international organisations against state. After more than a decade of study, the council of europe concluded the first comprehensive multilateral treaty on foreign sovereign immunity, the european convention on state immunity and additional protocol, in 1972. European court practice concerning state immunity from enforcement measures 805 a rather peculiar approach is pursued by the 1972 european convention on stat e immunity,8 which prohibits enforcement measures in general, subject.
Article 6 modalities for giving effect to state immunity 1. A comparative analysis of the british state immunity act of 1978. Introduction as interpreted by the european court of human rights ecthr, the right of access to a court guaranteed by article 61 of the european convention on human rights echr means that states cannot lawfully grant immunity beyond what is strictly required by international law. Sep 01, 2006 a rather peculiar approach is pursued by the 1972 european convention on state immunity, 8 which prohibits enforcement measures in general, subject only to the possibility of an express waiver. This question has been dealt with in several cases decided by canadian, english, german, greek, and italian courts, and the european court of human rights. A member state of the council of europe may not ratify or accept the present. If a state engages in a commercial transaction with a foreign natural or.
The act not only enables the united kingdom to ratify the brussels convention of 1926 with its 1934 protocol on immunity of state owned ships and the european convention on state immunity 1972,2 but also codifies the law on the immunities to be afforded to any state in proceedings before the courts of the united kingdom. It expressly limited state immunity for certain activities, usually of a commercial or associated nature. European convention on state immunity, may 16, 1972, 11 i. European convention, called to draft a new or amend an existing treaty of the european union, uniquely composed of representatives of the national parliaments, of the heads of state or government of the member states, of the european parliament and of the commission, as regulated in the art. European convention on state immunity 1972, 11 ilm 1972 p. This chapter discusses european convention on state immunity. Nigeria 1977 qb 529, and partly by the european convention on state immunity signed on behalf of seven european states, including the united kingdom, in may 1972 cmnd 5081, which together showed that the british absolutist position had ceased to reflect the understanding of international law which prevailed in most of the rest of. Nothing in article 54 shall be construed as derogating from the law in force in any contracting state relating to immunity of that state or of any foreign state from execution. Desiring to develop the work of harmonisation in the field covered by the convention by the addition of provisions concerning a european procedure for the settlement of disputes. Austria, belgium, germany, luxembourg, netherlands for the european netherlands, switzerland and the united kingdom. Proceedings in which state immunity cannot be invoked article 10 commercial transactions 1. Notion the need to unify or harmonize laws pre supposes diversity of laws. The european convention entered into force on june 11, 1976 between eight european nations. A state shall give effect to state immunity under article 5 by.
The publicprivate distinction in the international arbitration of individual claims against the state. A comparative analysis of the british state immunity act. A member state of the council of europe may not ratify or accept the present protocol without having ratified or accepted the convention. The convention for the protection of human rights and fundamental freedoms, better known as the european convention on human rights, was opened for signature in rome on 4 november 1950 and came into force in 1953. The united nations convention and its effect joanne foakes and elizabeth wilmshurst, chatham house summary if a person is tortured by officials of a foreign state, can that state be sued in the courts of the victims own country. Given the complexity of the immunity system of meps stemming from article 9 of the protocol, which refers to a great variety of national rules, the policy department c drew up a handbook on the incompatibilities and immunity of the members of the european parliament. This immunity extends to both criminal and civil liability. The enforcement of arbitral awards against a state. A comparative analysis of the british state immunity act of 1978 robert k. The european convention on state immunity represents an effort undertaken within the framework of the council of europe to overcome the resulting differences which have arisen in state practice by means of a treaty of general character. Jurisdictional immunities of states and their property. European convention on state immunity explanatory report.
This contribution examines the impact of the hierarchy of norms on state immunity in international law. Unification and harmonization of laws sciencedirect. Preamble the member states of the council ofeurope, signatory hereto, considering that the aim of the council of europe is to achieve a greater unity between its. Basel, 16051972 treaty open for signature by the member states and for accession by nonmember states. Therefore, dismissal of the case by the english courts on grounds of state immunity did not amount to a violation of article 6 1 of the european convention on human rights which guarantees a right of access to court. The act not only enables the united kingdom to ratify the brussels convention of 1926 with its 1934 protocol on immunity of stateowned ships and the european convention on state immunity 1972,2 but also codifies the law on the immunities to be afforded to any state in. The european convention on stat e immunity represents an effort undertaken within the framework of the council of europe to overcome the resulting differences which have arisen in state practice by means of a treaty of general character. United nations convention on jurisdictional immunities of states and their property. In particular, the chamber held that there was noaccess to court. A rather peculiar approach is pursued by the 1972 european convention on state immunity, 8 which prohibits enforcement measures in general, subject only to the possibility of an express waiver. United nations convention on jurisdictional immunities of states and their property the states parties to the present convention, considering that the jurisdictional immunities of states and their property are generally.
Treaties, states parties, and commentaries convention on. Having taken note of the european convention on state immunity hereinafter referred to as the convention and in particular articles 21 and 34 thereof. State immunity recent united kingdom developments state immunity recent united kingdom developments marston 19790801 00. Additional protocol to the european convention on state immunity. Higgins, recent developments in the law of sovereign immunity in the united kingdom, ajil, vol. Convention abolishing the requirement of legalisation for foreign public documents of 1961 rs 0. The european convention on state immunity and its additional protocol, drawn up within the council of europe by a committee of governmental experts under the authority of the european committee on legal cooperation ccj, were opened to signature by the member states of the council on 16 may 1972, at basle, on the occasion of the viith conference of european ministers. European convention on state immunity sciencedirect. Table oftreaties and other international instruments.
View pdf print 07 may 2014 head of state immunity a useful relic. This chapter discusses european convention on stat e immunity. European court of human rights upholds state immunity in. Basel, 1605 1972 treaty open for signature by the member states and for accession by nonmember states. In 1998 the uk parliament passed the state immunity act to implement the european convention on state immunity of 1972 into british law. State immunity is a restriction on the jurisdiction of states founded on international comity.
European convention on information on foreign law of 1968 rs 0. European court practice concerning state immunity from. It would be an affront to the dignity and sovereignty of a state for that state, or. United nations convention on jurisdictional immunities of. An act to give effect to the vienna convention on diplomatic relations, 1961 and to provide for matters connected therewith. Property burkhardhefi l introduction jurisdictions immunity concerns the question of the extent to which states, or their organs or state enterprises, can be sued in the civil courts of other states, and how far there can be. The international law commissions draft convention on the jurisdictionai immunities of states and their. Of the lords of appeal for judgment in the cause jones respondent v. International and comparative corporate law quarterly.
European convention on state immunity 1972 coets 2 16 may 1972 european convention on state immunity basle, 16. Foreign state immunity at home and abroad by vanderbilt journal of transnational law. Convention on the legal status of refugees of 1951 and protocol of 1967. Life is so good pdf download, putul nacher itikatha pdf download 084f2db8c6. Crawford noted back in 1984 that in orthodox terms, it state immunity is an immunity ratione personae, not ratione materiae though the shift to restrictive immunity is tending to obscure the distinction. Fox, access to justice and state immunity, 117 lqr 2001 p. Article 4 1 subject to the provisions of article5, a contracting state cannot claim immunity from the. European convention on state immunity of 1972 rs 0.
The inclusion of chemical weapons proved impossible as no agreement on international supervision could be attained. European convention on human rights official texts. It specifies the cases in which a party may not claim immunity before foreign courts. Unification and harmonization of laws 5 absolute doctrine and the fact that the united kingdom was not at the time a party to the european convention on state immunity of 1972. Introduction as interpreted by the european court of human. The international law commissions draft convention on the. In 1972, many european countries signed the european convention on state immunity, which reflected a move to a restrictive form of sovereign immunity. State immunity a state enjoys immunity, in respect of itself and its property, from the jurisdiction of the courts of another state subject to the provisions of the present convention. With a view to assisting the committee on legal affairs when dealing with. European court practice concerning state immunity from enforcement measures 805 a rather peculiar approach is pursued by the 1972 european convention on state immunity,8 which prohibits enforcement measures in general, subject only to the possibility of an express waiver. A state shall give effect to state immunity under article 5 by refraining from exercising. Gus van harten the publicprivate distinction in the.
Note for information accession to the european convention on state immunity by a state which is not a member of the council of europe. The importance of the case in this respect became a matter of history the. The european convention and protocols, official texts. The european convention was adopted in resolution 722 of the committee of ministers of the. Other states outside of the uk developed a restrictive doctrine of immunity, whereby only governmental acts attracted immunity. Vienna convention on diplomatic relations, adopted by the united niitions conference on diplomatic. The present convention applies to the immunity of a state and its.
864 61 1508 1043 256 648 1268 962 601 1403 1310 302 1457 1414 981 1478 1049 366 891 159 905 500 957 1181 137 1249 1489 767 125 526 921 890 946 7 1117 319 32 1184 60 1281 1266 1207 963 93 949 628