Should the 2004 UN State Immunity Convention Serve as a Model/Starting Point for a Future UN Convention on the Immunity of International Organizations?
International Organizations Law Review 10 (2013) 319-331
13 Pages Posted: 30 Jan 2015
Date Written: January 1, 2010
This paper argues that the 2004 United Nations Convention on Jurisdictional Immunities of States and their Property should not serve as a model for a new convention with regard to international organizations. It has been suggested that there would be some advantages in preparing a draft convention on the jurisdictional immunity of internaional organizations: it would make the law governing the immunities of international organizations more ‘easily ascertainable’; a convention would progressively develop the law; and it would make a useful counterpart and parallel convention to the 2004 convention. However, this paper contends that each of these reasons — while appealing from the perspective of harmonization and a notion of an accessible and predictable international ‘rule of law’ — does not overcome the problems of principle, practice and precedent. However, the immunities afforded to State officials may have greater value as a model for the immunities of officials of international organizations.
Keywords: immunities of international organizations, immunities convention, 2004 model convention, jurisdictional immunities of states
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