Should the 2004 UN state immunity convention serve as a model/starting point for a future UN convention on the immunity of international organizations?

TY - CHAP

T1 - Should the 2004 UN state immunity convention serve as a model/starting point for a future UN convention on the immunity of international organizations?

AU - Webb, Philippa

PY - 2015/6/19

Y1 - 2015/6/19

N2 - 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 international 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.

AB - 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 international 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.

KW - immunities of international organizations

KW - jurisdictional immunity of states

KW - model convention

UR - http://www.scopus.com/inward/record.url?scp=84958672790&partnerID=8YFLogxK

U2 - 10.1163/9789004296060_005

DO - 10.1163/9789004296060_005

M3 - Chapter

AN - SCOPUS:84958672790

SN - 9789004296060

SN - 9789004296046

VL - 55

SP - 61

EP - 73

BT - Immunity of International Organizations

PB - Brill

ER -