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
- Report and recommendation
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Germany/1989/402
- Translations
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- No translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Germany - Report and recommendation of 01/09/1989
Database of the CAHDI "The immunities of States and international organisations" - contribution of Germany - Report and recommendation of 01/09/1989
Report and Recommendation on the Government draft of Act of Parliament to enable the Federal Republic of Germany to ratify the European Convention on State Immunity (ETS No.74)
Author(ity)
Rechtsausschuß des Deutschen Bundestages (Judiciary Committee of the German Federal Diet)
Nature of the document
Report and recommendation
Date of the document
01/09/1989
Points of law
Report and Recommendation on the Government draft of Act of Parliament required by Article 59 (2) clause 1 of the Basic Law to enable the Federal Republic of Germany to ratify the European Convention on State Immunity of 1972 (ETS No.74).The Report shows that the Committee shares the theory of relative State immunity.
Specific provision(s) of the document
English translation of the excerpt from the Committee Report:“The immunity of foreign States from national jurisdiction is an internationally recognized principle of customary international law, safeguarded by reciprocity. In the course of time, however, international and national practice as well as legal doctrine have moved away from the absolute immunity of foreign states. According to the theory of relative or limited immunity a state shall enjoy immunity only with regard to sovereign acts but not with regard to private law acts. The certain and harmonious application of this by now well-established principle is not yet ensured, due to the lack of sufficiently defined agreements. Therefore the European Convention on State Immunity establishes general rules which specify the extent of immunity from jurisdiction which a state enjoys vis-à-vis the courts of other states."
