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Contracting Parties United Nations Convention on Jurisdictional Immunities of States and Their Property Norway

Dates Signature: July 8, 2005 Ratification: March 27, 2006

Declarations, Reservations

Declaration made upon ratification:
"Recalling inter alia resolution 59/38 adopted by the General Assembly of the United Nations on 2 December 2004, in which the General Assembly took into account, when adopting the Convention, the statement of 25 October 2004 of the Chairman of the Ad Hoc Committee on Jurisdictional Immunities of States and Their Property introducing the Committee's report, Norway hereby states its understanding that the Convention does not apply to military activities, including the activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, and activities undertaken by military forces of a State in the exercise of their official duties. Such activities remain subject to other rules of international law. Similarly, as also noted in the said statement, the Convention does not apply where there is a special immunity regime, including immunities ratione personae. Thus, the express mention of heads of State in Article 3 should not be read as suggesting that the immunity ratione personae of other State officials is affected by the Convention.
Furthermore, in cases where it has been established that property of a State is specifically in use or intended for use by the State for other than government non-commercial purposes and is in the territory of the State of the forum, it is the understanding of Norway that Article 18 does not prevent pre-judgement measures of constraint from being taken against property that has a connection with the entity against which the proceeding was directed.
Finally, Norway understands that the Convention is without prejudice to any future international development in the protection of human rights."

 


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