Question

Which provision of the UN Convention on Jurisdictional Immunities of States and their Property, 2004, notes that “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”?

• A. Article 4
• B. Article 3
• C. Article 6
• D. Article 5

Hint:

Sovereign immunity is categorized into two types: absolute immunity and restrictive immunity.
The 2004 UN Convention adopts the restrictive theory, which grants immunity for sovereign public acts (acta jure imperii) but denies it for private commercial activities (acta jure gestionis).

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks to identify the specific article of the United Nations Convention on Jurisdictional Immunities of States and their Property, 2004, which establishes the foundational principle of state immunity.

Step 2: Key Legal Principles and Approach:
The concept of sovereign immunity or state immunity is a well-established principle of customary international law, historically rooted in the Latin maxim par in parem non habet imperium (equals have no jurisdiction over each other).
The UN Convention on Jurisdictional Immunities of States and their Property, 2004, codifies these rules, balancing state immunity with specific commercial and private exceptions.

Step 3: Detailed Explanation:

• Codification of State Immunity: The 2004 Convention was adopted by the United Nations General Assembly to create a unified global regime regarding state immunity.

• Article 5 Provision: Article 5 of the Convention is entitled "State immunity" and contains the exact text cited in the question.

• It states: "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."

• Role of Article 5: This article serves as the baseline rule of the entire treaty.

• It establishes that immunity is the default rule, which can only be set aside if one of the specific exceptions enumerated in Part III of the Convention (such as commercial transactions, employment contracts, or personal injury) is applicable.

• Analysis of other articles:

• Article 3 deals with specific categories of proceedings to which the Convention does not apply, such as diplomatic privileges.

• Article 4 focuses on the non-retroactivity of the Convention.

• Article 6 prescribes how states must give effect to state immunity through their domestic judicial systems.

• Therefore, the quote in the question matches Article 5, making Option (D) the correct choice.

Step 4: Final Answer:
The foundational principle of state immunity is set out under Article 5 of the 2004 Convention, making Option (D) the correct answer.