Статус Европейской конвенции об иммунитете государств (ETS № 74) (Базель, 16 мая 1972 года) [рус., англ.]

СПИСОК ПОДПИСАНИЙ И РАТИФИКАЦИЙ

Вступление в силу: 11.06.1976

Примечания. a — присоединение; s — подписание без оговорок о ратификации; su — правопреемство; r — подписание «ad referendum».

R — оговорки; D — заявления, денонсации, частичные отмены; A — государственные органы; T — территориальное применение; C — уведомление; O — возражения.

CHART OF SIGNATURES AND RATIFICATIONS OF TREATY 074

Members of Council of Europe

a: Accession s: Signature without reservation as to ratification su: Succession r: Signature «ad referendum».

R.: Reservations D.: Declarations, Denunciations, Derogations A.: Authorities T.: Territorial Application C.: Communication O.: Objection.

RESERVATIONS AND DECLARATIONS FOR TREATY No. 074

Austria

Declaration contained in the instrument of ratification, deposited on 10 July 1974 — Or. Germ./Engl./Fr.

The Republic of Austria declares according to Article 28, paragraph 2, of the European Convention on State Immunity that its constituent States Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg and Vienna may invoke the provisions of the European Convention on State Immunity applicable to Contracting States and have the same obligations.

Period covered: 11/06/1976

Articles concerned: 28

Declaration signed by the Federal President on 17 December 1976, transmitted by a letter from the Permanent Representative of Austria, dated 10 January 1976, registered at the Secretariat General on 11 January 1976 — Or. Germ./Engl./Fr.

In compliance with paragraph 4 of Article 21 of the European Convention on State Immunity, the Republic of Austria declares that it designates the Vienna Regional Civil Court (Landesgericht für Zivilrechtssachen Wien) as solely competent to determine whether the Republic of Austria shall give effect, in accordance with Article 20 of the above-mentioned Convention, to any judgement given by a court of another Contracting States.

Period covered: 11/06/1976

Articles concerned: 21

Belgium

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 4 September 2003, transmitted by the Permanent Representative of Belgium and registered at the Secretariat General on 23 September 2003 — Or. Fr./Ger./Net.

In accordance with Article 28, paragraph 2, of the Convention, the Kingdom of Belgium declares that the French Community, the Flemish Community and the German-speaking Community as well as the Walloon Region, the Flemish Region and the Brussels-Capital Region may invoke the provisions of the European Convention on State Immunity applicable to Contracting States, and have the same obligations.

Period covered: 23/09/2003

Articles concerned: 28

Declaration contained in the instrument of ratification, on 27 October 1975 — Or. Fr.

In accordance with Article 21, the Belgian Government designates the «Tribunal de première instance» for determining the question whether the Belgian State should give effect to a foreign judgement.

Period covered: 11/06/1976 -

Articles concerned: 21

Declaration contained in the instrument of ratification, on 27 October 1975 — Or. Fr.

With reference to Article 24, the Belgian Government declares that, in cases not falling within Articles 1 to 13, its courts shall be entitled to entertain proceedings against another Contracting State to the extent that its courts are entitled to entertain proceedings against States not Party to the present Convention. Such a declaration shall be without prejudice to the immunity from jurisdiction which foreign States enjoy in respect of acts performed in the exercise of sovereign authority (acta jure imperii).

Period covered: 11/06/1976 -

Articles concerned: 24

Germany

Declaration contained in a letter from the Permanent Representative, dated 3 June 1992, registered at the Secretariat General on 5 June 1992 — Or. Eng./Fr./Ger.

The Federal Republic of Germany hereby amends its declaration relating to Article 28, paragraph 2, of the Convention to the effect that all constituent states (Laender) of the Federal Republic of Germany, namely Baden- Württemberg , Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Mecklenburg-Western Pomerania, Lower Saxony, North-Rhine/Westphalia, Rhineland-Palatina, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia shall be able to invoke the provisions of the Convention applying to the Contracting States and shall have the same duties as the latter.

Period covered: 05/06/1992

Articles concerned: 28

Declaration contained in a letter from the Permanent Representative, dated 15 May 1990, handed to the Secretary General at the time of deposit of the instrument of ratification, on 15 May 1990 — Or. Germ./Engl./Fr.

I have the honour to declare on behalf of the Federal Republic of Germany that the Convention shall also apply to Land Berlin with effect from the date on which it enters into force for the Federal Republic of Germany.

Period covered: 16/08/1990 — 03/10/1990

Articles concerned: 38

Declaration contained in a letter from the Permanent Representative, dated 15 May 1990, handed to the Secretary General at the time of deposit of the instrument of ratification, on 15 May 1990 — Or. Germ./Engl./Fr.

I have the honour to make the following declarations on behalf of the Federal Republic of Germany:

Paragraph 4 of Article 21:

The question whether effect should be given by the Federal Republic of Germany or a Land to a judgment rendered by a court of another Contracting State in accordance with Article 20 or Article 25 or to a settlement in accordance with Article 22 of the Convention is determined by the competent Regional Court (Landgericht) in whose administrative district the Federal Government has its seat.

Period covered: 16/08/1990

Articles concerned: 21

Declaration contained in a letter from the Permanent Representative, dated 15 May 1990, handed to the Secretary General at the time of deposit of the instrument of ratification, on 15 May 1990 — Or. Germ./Engl./Fr.

The Federal Republic of Germany declares in accordance with paragraph 1 of Article 24 of the Convention that, in cases not falling within Articles 1 to 13, its courts are entitled to entertain proceedings against another Contracting State to the extent that its courts are entitled to entertain proceedings against States not Party to the Convention. Such a declaration is without prejudice to the immunity from jurisdiction which foreign States enjoy in respect of acts performed in the exercise of sovereign authority (acta jure imperii).

Period covered: 16/08/1990 -

Articles concerned: 24

Luxembourg

Declaration made at the time of deposit of the instrument of ratification, on 11 December 1986 — Or. Fr.

The competent Court, under Article 21 of the Convention, to determine the question whether effect should be given to a judgment delivered in pursuance of Article 20, is the Court of Appeal of Luxembourg, judging in accordance with the procedure of civil appeals, as for summary and urgent matters. Its decision is subject to appeal to the Supreme Court in compliance with the ordinary rules in civil matters.

Period covered: 12/03/1987

Articles concerned: 21

Declaration made at the time of deposit of the instrument of ratification, on 11 December 1986 — Or. Fr.

In accordance with Article 24 of the Convention, the Courts of Luxembourg are entitled, in cases falling outside Articles 1 to 13 of the Convention, to entertain proceedings against another Contracting State to the extent to which its Courts are entitled to entertain such proceedings against States not Party to the Convention.

Period covered: 12/03/1987

Articles concerned: 24

Netherlands

Declaration transmitted by a Note verbale from the Permanent Representation of the Netherlands, dated 4 January 2012, registered at the Secretariat General on 9 January 2012 — Or. Engl.

The declarations made by the Kingdom of the Netherlands at the time of acceptance of the Convention, on 21 February 1985, are confirmed for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba). These declarations remain valid for the European part of the Netherlands.

[Note by the Secretariat: This Declaration supplements the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom as of 10 October 2010.]

Period covered: 10/10/2010

Articles concerned: 21

Declaration transmitted by a Note verbale from the Permanent Representation of the Netherlands, dated 4 January 2012, registered at the Secretariat General on 9 January 2012 — Or. Engl.

The declarations made by the Kingdom of the Netherlands at the time of acceptance of the Convention, on 21 February 1985, are confirmed for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba). These declarations remain valid for the European part of the Netherlands.

[Note by the Secretariat: This Declaration supplements the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom as of 10 October 2010.]

Period covered: 10/10/2010

Articles concerned: 24

Communication contained in a Note verbale from the Permanent Representation of the Netherlands, dated 27 September 2010, registered at the Secretariat General on 28 September 2010 — Or. Engl.

The Kingdom of the Netherlands currently consists of three parts: the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consists of the islands of Curaçao , Sint Maarten, Bonaire, Sint Eustatius and Saba.

With effect from 10 October 2010, the Netherlands Antilles will cease to exist as a part of the Kingdom of the Netherlands. From that date onwards, the Kingdom will consist of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten will enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do.

These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles: these agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten.

The other islands that have until now formed part of the Netherlands Antilles — Bonaire, Sint Eustatius and Saba — will become parts of the Netherlands, thus constituting «the Caribbean part of the Netherlands». The agreements that now apply to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements.

In addition, a number of the agreements that currently apply to the Netherlands are hereby declared applicable, from 10 October 2010, to this Caribbean part of the Netherlands. The agreements concerned are listed in the Annex which also includes a declaration — regarding Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto — on the modification of the internal constitutional relations within the Kingdom.

A status report of the agreements that apply to Curaçao , Sint Maarten and/or the Caribbean part of the Netherlands, including any reservations and further declarations, will be supplied in the near future.

Annex — Treaties extended to the Caribbean part of the Netherlands (islands of Bonaire, Sint Eustatius and Saba) as per 10 October 2010

• European Convention on State Immunity (ETS No. 74)
• Additional Protocol to the European Convention on State Immunity (ETS No. 74A)
• European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes (ETS No. 82)
• European Convention on the Suppression of Terrorism (ETS No. 90)
• European Agreement on the Transmission of Applications for Legal Aid (ETS No. 92)
• Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108)
• Amendments to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data allowing the European Communities to accede (Strasbourg, 15 June 1999)
• Convention for the Protection of the Architectural Heritage of Europe (ETS No. 121)
• Criminal Law Convention on Corruption (ETS No. 173)
• Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows (ETS No. 181)
• Protocol amending the European Convention on the Suppression of Terrorism (ETS No. 190)
• Additional Protocol to the Criminal Law Convention on Corruption (ETS No. 191)
• Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198).

Period covered: 01/10/2010

Articles concerned: 38

Declaration made at the time of deposit of the instrument of acceptance, on 21 February 1985 — Or. Engl.

I have the honour, with reference to Article 24, first paragraph, of the European Convention on State Immunity, to declare, on behalf of the Kingdom of the Netherlands that in cases not falling within Articles 1 to 13, its courts shall be entitled to entertain proceedings against another Contracting State to the extent that its courts are entitled to entertain proceedings against States not Party to the present Convention.

Period covered: 22/05/1985

Articles concerned: 24

Declaration made at the time of deposit of the instrument of acceptance, on 21 February 1985 — Or. Engl.

The district court («Arrondissementsrechtbank») of The Hague has been designated as the competent court referred to in Article 21, first paragraph, of the Convention.

Period covered: 22/05/1985

Articles concerned: 21

Declaration contained in the instrument of acceptance, deposited on 21 February 1985 — Or. Engl.

The Kingdom of the Netherlands accepts the said Convention and Protocol for the Kingdom in Europe.

Period covered: 22/05/1985

Articles concerned: 38

Switzerland

Declaration contained in a letter from the Permanent Representative of Switzerland, dated 6 July 1982, handed to the Secretary General at the time of deposit of the instrument of ratification, on the same date — Or. Fr.

I have the honour to declare on behalf of the Swiss Federal Council and in accordance with Article 24 of the Convention, that in cases not falling within Articles 1 to 13, the Swiss courts shall be entitled to entertain proceedings against another Contracting State to the extent that its courts are entitled to entertain proceedings against States not Party to the present Convention.

Period covered: 7/10/1982

Articles concerned: 24

United Kingdom:

Communication contained in a letter from the Permanent Representative of the United Kingdom, dated 18 November 2009, registered at the Secretariat General on 19 November 2009 — Or. Engl.

I have the honour to inform you that, pursuant to the St Helena, Ascension and Tristan da Cunha Constitution Order 2009 (United Kingdom Statutory Instrument 2009/1751), the name of the British overseas territory formerly called «St Helena and Dependencies» has been changed to «St Helena, Ascension and Tristan da Cunha». The status of the territory as a British overseas territory is unchanged, and accordingly the United Kingdom remains responsible for its external relations. To the extent that treaties extend to St Helena and Dependencies, they continue to extend to St Helena, Ascension and Tristan da Cunha.

Period covered: 19/11/2009

Articles concerned: 38

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 25 November 1987, registered at the Secretariat General on 27 November 1987 — Or. Engl.

I have the honour to refer to the European Convention on State Immunity, done at Basle on 16 May 1972, which the Government of the United Kingdom of Great Britain and Northern Ireland ratified on 3 July 1979. In accordance with Article 38, paragraph 2, thereof, I hereby declare, on behalf of the Government of the United Kingdom, that the said Convention shall extend to Guernsey, Jersey and the Isle of Man.

Period covered: 27/11/1987

Articles concerned: 38

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 25 November 1987, registered at the Secretariat General on 27 November 1987 — Or. Engl.

I have the honour to state that the notifications made to your predecessor in paragraph 1.a and b of Mr Cape's letter of 2 July 1979 in connection with the said Convention shall apply equally to Guernsey, Jersey and the Isle of Man as territories in respect of which the United Kingdom is a Party to the said Convention.

[Note by the Secretariat: The text of the above-mentioned declarations reads as follows:

«In pursuance of the provisions of paragraph 1 of Article 24 thereof, the United Kingdom hereby declare that, in cases not falling within Article 1 to 13, their courts and the courts of any territory in respect of which they are a Party to the Convention shall be entitled to entertain proceedings against another Contracting State to extent that these courts are entitled to entertain proceedings against States not Party to the present Convention. This declaration is without prejudice to the immunity from jurisdiction which foreign States enjoy in respect of acts performed in the exercise of sovereign authority (acta jure imperii)».

«In pursuance of the provisions of paragraph 2 of Article 19, the United Kingdom hereby declare that their courts, and the courts of any territory in respect of which they are a Party to the Convention, shall not be bound by the provisions of paragraph 1 of that Article.»]

Period covered: 27/11/1987

Articles concerned: 24

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 25 November 1987, registered at the Secretariat General on 27 November 1987 — Or. Engl.

In pursuance of the provisions of paragraph 4 of Article 21 of the said Convention, the United Kingdom designate as competent courts:

In Guernsey: — in the Island of Guernsey: the Royal Court of Guernsey;

• in the Island of Alderney: the Court of Alderney;
• in the Island of Sark: the Court of the Seneschal;

In Jersey: — the Royal Court of Jersey;

In the Isle of Man: — the High Court of Justice of the Isle of Man.

The question whether effect is to be given to a judgement in accordance with paragraph 1 of Article 21 may however also be justiciable in other civil courts in the exercise of their normal jurisdiction.

Period covered: 27/11/1987

Articles concerned: 21

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 25 November 1987, registered at the Secretariat General on 27 November 1987 — Or. Engl.

I have the honour to inform you that the United Kingdom is also acceding, separately in the name of Guernsey, Jersey and the Isle of Man, to the International Convention for the Unification of certain Rules concerning the Immunity of State-owned Ships, done at Brussels on 10 April 1926, and of the protocol supplementary thereto, done at Brussels on 24 May 1934, subject to the same reservations as are referred to in paragraph 2 of Mr Cape's aforementioned letter.

[Note by the Secretariat: See the Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 2 July 1979, handed to the Secretary General at the time of deposit of the instrument of ratification, on 3 July 1979 — Or. Engl.]

Period covered: 27/11/1987

Articles concerned: 0

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 19 June 1997, registered at the Secretariat General on 19 June 1997 — Or. Engl.

I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the European Convention on State Immunity signed at Basle on 16 May 1972 which applies to Hong Kong at present.

I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.

I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention.

Period covered: 01/07/1987

Articles concerned: 38

Declaration contained in the instrument of ratification, deposited on 3 July 1979 — Or. Engl.

The Government of the United Kingdom of Great Britain and Northern Ireland is Party to the Convention on behalf of the United Kingdom of Great Britain and Northern Ireland, Belize, British Antarctic Territory, British Virgin Islands, Cayman Islands, Falkland Islands and dependencies, Gilbert Islands, Hong Kong, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, St. Helena, Ascension and Tristan da Cucha (*), Turks and Caicas Islands, UK Sovereign base areas of Akratiri and Dhekelia in the Island of Cyprus.

[(*) Note by the Secretariat: See the communication from the Permanent Representative of the United Kingdom, dated 18 November 2009, registered at the Secretariat General on 19 November 2009 — Or. Engl.]

Period covered: 04/10/1979

Articles concerned: 38

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 2 July 1979, handed to the Secretary General at the time of deposit of the instrument of ratification, on 3 July 1979 — Or. Engl.

In pursuance of the provisions of paragraph 1 of Article 24 thereof, the United Kingdom hereby declare that, in cases not falling within Article 1 to 13, their courts and the courts of any territory in respect of which they are a Party to the Convention shall be entitled to entertain proceedings against another Contracting State to extent that these courts are entitled to entertain proceedings against States not Party to the present Convention. This declaration is without prejudice to the immunity from jurisdiction which foreign States enjoy in respect of acts performed in the exercise of sovereign authority (acta jure imperii).

Period covered: 04/10/1979

Articles concerned: 24

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 2 July 1979, handed to the Secretary General at the time of deposit of the instrument of ratification, on 3 July 1979 — Or. Engl.

In pursuance of the provisions of paragraph 2 of Article 19, the United Kingdom hereby declare that their courts, and the courts of any territory in respect of which they are a Party to the Convention, shall not be bound by the provisions of paragraph 1 of that Article.

Period covered: 04/10/1979

Articles concerned: 19

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 2 July 1979, handed to the Secretary General at the time of deposit of the instrument of ratification, on 3 July 1979 — Or. Engl.

In pursuance of the provisions of paragraph 4 of Article 21, the United Kingdom hereby designate as competent courts:

in England and Wales — the High Court of Justice;

in Scotland — the Court of Session;

in Northern Ireland — the Supreme Court of Judicature;

and any other territory in respect of which they are a Party to the Convention — the Supreme Court of the territory concerned.

The question whether effect is to be given to a judgment in accordance with paragraph 1 of Article 21 may however also be justiciable in other civil courts in the exercise of their normal jurisdiction.

Period covered: 04/10/1979

Articles concerned: 21

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 2 July 1979, handed to the Secretary General at the time of deposit of the instrument of ratification, on 3 July 1979 — Or. Engl.

I have the honour to inform you that simultaneously an instrument of ratification of the International Convention for the Unification of certain Rules concerning the Immunity of State-owned Ships, done at Brussels on 10 April 1926, and of the Protocol supplementary thereto, done at Brussels on 24 May 1934, is being deposited with the Government of the Kingdom of Belgium. This instrument of ratification, signed by Her Majesty The Queen in respect of the United Kingdom of Great Britain and Northern Ireland, contains the following reservations:

«We reserve the right to apply Article 1 of the Convention to any claim in respect of a ship which falls within the Admiralty jurisdiction of Our courts, or of Our courts in any territory in respect of which We are party to the Convention.»

We reserve the right, with respect to Article 2 of the Convention, to apply in proceedings concerning another High Contracting Party or ship of another High Contracting Party the rules of procedure set out in Chapter II of the European Convention on State Immunity, signed at Basle on the Sixteenth day of May, in the Year of Our Lord One thousand Nine hundred and Seventy-two.

In order to give effect to the terms of any international agreement with a non-Contracting State, We reserve the right to make special provision

a. as regards the delay or arrest of a ship or cargo belonging to such a State, and

b. to prohibit seizure of or execution against such a ship or cargo.»

Period covered: 04/10/1979

Articles concerned: 0