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
Finland
Themes
Type of document
Statement
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Finland/1999/392
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Finland - Statement of 26/03/1999

Statement by the Ministry for Foreign Affairs of Finland

Author(ity)

Ministry for Foreign Affairs of Finland

Nature of the document

Statement

Date of the document

26/03/1999

Points of law

In its statement, the Ministry for Foreign Affairs found that participation in commercial activities by a State is not to be considered an act of government, jure imperii and therefore, the State does not enjoy immunity in respect of these activities.

Specific provision(s) of the document

In this case, the State of Iraq had been ordered by the court to pay a certain amount to a Finnish company. On the grounds of this judgment, the distraint office had foreclosed receivables of Iraq from the bankrupt's estate of another Finnish company. The District Bailiff of Helsinki asked for a statement from the Ministry for Foreign Affairs, concerning the immunity of Iraq from execution in the case.

The Ministry found that participation in commercial activities by a State was not to be considered an act of government, jure imperii and, therefore, the State did not enjoy immunity in respect of these activities. The Ministry stated that, in the case in question, the following matters should be taken into account: applicability of the European Convention on State Immunity and the Vienna Convention on Diplomatic Relations and the question of whether the State of Iraq should be considered to become, through succession, a party to the proceedings comparable to a private party in the business relationship in question.

Sources

n/a

Additional information (explanations, notes, etc.)

The Ministry referred in its statement to the European Convention on State Immunity, Vienna Convention on Diplomatic Relations and Vienna Convention on Consular Relations.