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

Austria

Themes

Type of document

Jurisprudence

Permanent link to the contribution

http://www.cahdidatabases.coe.int/C/Immunities/Austria/2002/501

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THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Austria - Jurisprudence of 01/09/2002

Austrian government

Author(ity)

Austrian Parliament; amendment to the law on the status of OSCE institutions in Austria

Date of the decision, of the judgment

01/09/2002

Points of law

The principle of customary international law that State aircrafts and their personnel enjoy certain privileges and immunities will be codified for Austria if the Austrian Parliament approves a government bill (see draft para. 5b sub-section 2 of the abovementioned amendment).

Summary of the case

The Austrian government has submitted a bill to Parliament containing various amendments to the Austrian law on the status of OSCE institutions in Austria, BGBl. Nr. 511/1993 as amended by BGBl. Nr. 735/1995. One of these (draft para. 5b sub-section 2) relates to State aircrafts which participate in observation flights within the framework of the Open Skies Treaty (to which Austria is not a party). In accordance with international customary law the new provision will, if adopted by Parliament, grant certain privileges and immunities to these aircrafts and their personnel when passing through Austria.

Sources

see amendment to be adopted to BGBl. Nr. 511/1993 as amended by BGBl. Nr. 735/1995; see Austrian legal information system (http://www.ris.bka.gv.at - Bundesrecht)