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STATUS AS AT : 23-11-2009 01:48:48 EDT
CHAPTER III
PRIVILEGES AND IMMUNITIES, DIPLOMATIC AND CONSULAR RELATIONS, ETC
13 . United Nations Convention on Jurisdictional Immunities of States and Their Property
New York, 2 December 2004
Not yet in force
:
in accordance with article 30 which reads as follows: "1. The present Convention shall enter into force on the thirtieth day following the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations. 2. For each State ratifying, accepting, approving or acceding to the present Convention after the deposit of the thirtieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification, acceptance, approval or accession."
Status :
Signatories : 28. Parties : 6
Text :
Doc. A/59/508; depositary notification C.N.141.2005.TREATIES-4 of 28 February 2005 [Proposal of corrections to the original text of the Convention (Chinese version)] and C.N.419.2005.TREATIES-6 of 31 May 2005 [Corrections to the original text of the Convention (Chinese version)]; C.N.359.2008.TREATIES-1 of 6 May 2008 (Proposal of corrections to the original text of the Convention (Arabic text) and to the Certified True Copies) and C.N.556.2008.TREATIES-2 of 21 August 2008 (corrections).
Note :
The above Convention was adopted during the 65th plenary meeting of the General Assembly by resolution A/59/38 of 2 December 2004.  In accordance with its articles 28 and 33, the Convention shall be open for signature by all States from 17 January 2005 until 17 January 2007, at United Nations Headquarters in New York.
Participant
 Signature
 Ratification, Acceptance(A), Approval(AA), Accession(a)
Austria
 17 Jan 2005
14 Sep 2006
Belgium
 22 Apr 2005
 
China
 14 Sep 2005
 
Czech Republic
 13 Oct 2006
 
Denmark
 19 Sep 2006
 
Estonia
 30 Mar 2006
 
Finland
 14 Sep 2005
 
France
 17 Jan 2007
 
Iceland
 16 Sep 2005
 
India
 12 Jan 2007
 
Iran (Islamic Republic of)
 17 Jan 2007
29 Sep 2008
Japan
 11 Jan 2007
 
Lebanon
 11 Nov 2005
21 Nov 2008
Madagascar
 15 Sep 2005
 
Mexico
 25 Sep 2006
 
Morocco
 17 Jan 2005
 
Norway
  8 Jul 2005
27 Mar 2006
Paraguay
 16 Sep 2005
 
Portugal
 25 Feb 2005
14 Sep 2006
Romania
 14 Sep 2005
15 Feb 2007
Russian Federation
  1 Dec 2006
 
Senegal
 21 Sep 2005
 
Sierra Leone
 21 Sep 2006
 
Slovakia
 15 Sep 2005
 
Sweden
 14 Sep 2005
 
Switzerland
 19 Sep 2006
 
Timor-Leste
 16 Sep 2005
 
United Kingdom of Great Britain and Northern Ireland
 30 Sep 2005
 
Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made
upon ratification, acceptance. approval or accession.)
Iran (Islamic Republic of)

Reservation:

       “Pursuant to Article 27, paragraph 3 of the United Nations Convention on Jurisdictional Immunities of States and Their Property, the Government of the Islamic Republic of Iran does not consider itself bound by the provisions of Article 27, paragraph 2 of the Convention. The Government of the Islamic Republic of Iran affirms that the consent of all parties to such a dispute is necessary, in
       each individual case, for the submission of the dispute to the International Court of Justice. The Government of the Islamic Republic of Iran can, if it deems appropriate, for the settlement of such a dispute, agree with the submission of the dispute to arbitration in accordance with its related domestic law.”
Norway

Declaration:

       "Recalling inter alia resolution 59/38 adopted by the General Assembly of the United Nations on 2 December 2004, in which the General Assembly took into account, when adopting the Convention, the statement of 25 October 2004 of the Chairman of the Ad Hoc Committee on Jurisdictional Immunities of States and Their Property introducing the Committee's report, Norway hereby states its understanding that the Convention does not apply to military activities, including the activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, and activities undertaken by military forces of a State in the exercise of their official duties.  Such activities remain subject to other rules of international law.  Similarly, as also noted in the said statement, the Convention does not apply where there is a special immunity regime, including immunities ratione personae.  Thus, the express mention of heads of State in Article 3 should not be read as suggesting that the immunity ratione personae of other State officials is affected by the Convention.
       Furthermore, in cases where it has been established that property of a State is specifically in use or intended for use by the State for other than government non-commercial purposes and is in the territory of the State of the forum, it is the understanding of Norway that Article 18 does not prevent pre-judgement measures of constraint from being taken against property that has a connection with the entity against which the proceeding was directed.
       Finally, Norway understands that the Convention is without prejudice to any future international development in the protection of human rights."