DRAFT ARTICLES ON JURISDICTIONAL IMMUNITIES OF STATES AND THEIR PROPERTY - Part I - Introduction - Article 1 - Scope of the present articles

Sep 30, 2026

Draft articles on jurisdictional immunities of States and their property, with accompanying commentaries, as adopted by the International Law Commission at its forty-third session and submitted to the General Assembly in 1991. The text explains the purpose and scope of the articles, including immunity of a State and its property from another State’s courts, covering the entire judicial process from initiation to execution or suspension. It also introduces key definitions, clarifying relevant terms such as “court” and the meaning of “State.”

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B. Recommendation of the Commission

C. Tribute to the Special Rapporteur, Mr.Motoo Ogiso

D. Draft articles on jurisdictional immunities of States and their property and commentaries thereto

PART I

INTRODUCTION

Article 1.Scope of the present articles

Commentary

Article 2.Use of terms

Draft articles on Jurisdictional Immunities of Statesand Their Property,with commentaries1991 | Text adopted by the International Law Commission at its forty-third session,in
1991,and submitted to the General Assembly as a part of the Commission's report
covering the work of that session(A/46/10,at para.28).The report,which also contains
commentaries on the draft articles,appears in the Yearbook of the International Law
Commission,1991,vol.II,Part Two. | | --- | to the General Assembly,together with a recommenda-tion(see para.25 below). 24.Some members raised the question of State-ownedor State-operated aircraft engaged in commercial serviceas well as the question of space objects.The Commis-sion,while recognizing the importance of the question,felt that it called for more time and study. # B.Recommendation of the Commission 25.At its 2235th meeting,on 4 July 1991,the Com-mission decided,in conformity with article 23 of its Stat-ute,to recommend to the General Assembly that itshould convene an international conference of plenipo-tentiaries to examine the draft articles on the jurisdic-tional immunities of States and their property and toconclude a convention on the subject. 26.The Commission was of the view that the questionof the settlement of disputes on which draft articles wereproposed by the former Special Rapporteur²³could bedealt with by the above-mentioned international confer-ence,if it considered that a legal mechanism on the set-tlement of disputes should be provided in connectionwith the draft articles. # C.Tribute to the Special Rapporteur,Mr.Motoo Ogiso 27.At its 2221st meeting,on 7 June 1991,the Com-mission,after adopting the text of the articles on juris-dictional immunities of States and their property,adopted the following resolution by acclamation: The International Law Commission, Having adopted the draft articles on jurisdictional immunities ofStates and their property, Expresses to the Special Rapporteur,Mr.Motoo Ogiso,its deep ap-preciation and warm congratulations for the outstanding contributionhe has made to the preparation of the draft by his tireless efforts anddevoted work and for the results achieved in the elaboration of draftarticles on jurisdictional immunities of States and their property. # D.Draft articles on jurisdictional immunitiesof States and their property andcommentaries thereto 28.The text of,and the commentaries to,draft arti-cles 1 to 22,as adopted by the Commission at its forty-third session are reproduced below. # DRAFT ARTICLES ON JURISDICTIONALIMMUNITIES OF STATES ANDTHEIR PROPERTY PART I # INTRODUCTION ## Article 1.Scope of the present articles The present articles apply to the immunity of aState and its property from the jurisdiction of thecourts of another State. # Commentary (1)The purpose of the present articles is to formulaterules of international law on the topic of jurisdictionalimmunities of States and their property. (2)Article 1 indicates the subject matter to which thearticles should apply.In any given situation in which thequestion of State immunity may arise,a few basic no-tions or concepts appear to be inevitable.In the firstplace,the main character of the present draft articles is"jurisdictional immunities".The expression "jurisdic-tional immunities"in this context is used not only in re-lation to the right of sovereign States to exemption fromthe exercise of the power to adjudicate,normally as-sumed by the judiciary or magistrate within a legalsystem of the territorial State,but also in relation to thenon-exercise of all other administrative and executivepowers,by whatever measures or procedures and bywhatever authorities of the territorial State,in relation toa judicial proceeding.The concept therefore covers theentire judicial process,from the initiation or institutionof proceedings,service of writs,investigation,examina-tion,trial,orders which can constitute provisional or in-terim measures,to decisio

FAQs

What do the present articles govern?

The articles apply to the immunity of a State and its property from the jurisdiction of the courts of another State.

How does the commentary define “jurisdictional immunities” in this context?

It covers not only exemption from adjudication by another State’s courts, but also non-exercise of other administrative and executive powers in relation to judicial proceedings.

What is included in the scope regarding proceedings and property measures?

The scope includes the entire judicial process, and it also covers immunity in respect of property from measures of constraint such as attachment and execution in connection with proceedings.

Sep 30, 2026

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