EU Presidency Statement - Convention on Jurisdictional Immunities of States and Their Property

Mr. Chairman,

I have the honor to speak on behalf of the European Union. The acceding countries Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, the associated countries Bulgaria and Romania and the EFTA countries, members of the European Economic Area, Iceland and Liechtenstein, align themselves with this statement.

Mr. Chairman,

Following the February 2002 Ad Hoc Committee meeting in which, for the first time, the task of considering the entire text of the 1991 draft articles of the International Law Commission on jurisdictional immunities of States and their property was accomplished, in February 2003, the Ad Hoc Committee was able to discuss and resolve all the outstanding issues. Consequently, the text of the draft articles on the item under discussion today, together with the understandings with regard to some of the provisions of those draft articles were adopted by the Ad Hoc Committee. On the same occasion the Committee recommended that the General Assembly take a decision on the form of the draft articles.

The EU would like, firstly, to express its gratitude to the Chairman of the Ad Hoc Committee, Professor Gerhard Hafner, for the excellent manner in which he conducted negotiations in recent years. Our thanks also go to Ambassador Chusei Yamada, and Mr. Michael Bliss, coordinators of the informal consultative groups created within the Ad Hoc Committee.

Mr. Chairman,

In the view of the EU, the adoption of the draft articles, together with the understandings concerning certain provisions of the draft articles is a very successful outcome which concluded a long process of difficult negotiations. However, the EU believes that time is now ripe for the incorporation of the draft articles and the understandings within a legally binding instrument which would provide legal certainty on this complex issue.

In this regard the EU favours the establishment of an Ad Hoc Committee that would have the mandate to elaborate the Preamble as well as the final clauses of such a Convention. This Ad Hoc Committee should not reopen the agreed text of the draft articles and of the understandings which should form an integral part of the Convention (for example, as an Annex).

As regards the Preamble and the final clauses of the Convention, the EU is ready at the appropriate time to present concrete suggestions for the text to be included in the future Convention.

Thank you, Mr. Chairman.

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