Юрисдикционные иммунитеты государств: перспективы кодификации

Abstract

The article is devoted to the questions of elaboration of multilateral international treaty in the field of jurisdictional immunities of States. The Convention for the Unification of Certain Rules Concerning the Immunities of Government Vessels of 1926 and The European Convention on State Immunity of 1972 are analyzed. Draft multilateral treaties in this field worked out by the Institute de droit internatione!, the Law School of Harvard University, The International Association of Lawyers and The International Law Association on the basis of comparative analysis. Special attention is given to consideration and analysis of the draft articles on jurisdictional immunities of States and their property elaborated by the International Law Commission. Some proposals on changing the draft articles are made. The positions of States on the adoption of the Convention on jurisdictional immunities of States and their property are studied. On the basis of draft articles provisions analysis and positions of States conclusions on prospects for the adoption of universal convention and Belarus participation are formulated.