Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- Germany
- Themes
- Type of document
- Objection to a reservation
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Germany/1978/395
- Translations
-
- No translations
- Add a translation
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Germany - Objection to a reservation of 31/10/1978
Database of the CAHDI "The immunities of States and international organisations" - contribution of Germany - Objection to a reservation of 31/10/1978
Objection to the reservation of the Soviet Union concerning Article XI paragraph 2 of the International Convention on Civil Liability for Oil Pollution Damage
Author(ity)
Bundesminister des Auswärtigen (Federal Foreign Minister)
Nature of the document
Objection to a reservation
Date of the document
31/10/1978
Points of law
Objection to the reservation of the Soviet Union concerning Article XI, paragraph 2 of the International Convention on Civil Liability for Oil Pollution Damage.Specific provision(s) of the document
Article XI, paragraph 2 of the Convention:“With respect to ships owned by a Contracting State and used for commercial purposes, each State shall be subject to suit in the jurisdictions set forth in Article IX and shall waive all defences based on its status as a sovereign State.”
Reservation of the Soviet Union:
”The Union of Soviet Socialist Republics does not consider itself bound by the provisions of Article XI, paragraph 2 of the Convention, as they contradict the principle of the judicial immunity of a foreign State.”
Translation of the German Note:
"The Federal Republic of Germany, without excluding the accomplishment of any treaty relations on the basis of the convention, declares not to accept the reservation of the Soviet Union; according to customary international law no state can claim immunity before the courts of another state with regard to ships, which are used by the state for commercial purposes or which are operated by a corporation registered as a supplier or a ship-owner in that state."
