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IP Treaties Collection
Contracting Parties European Convention on State Immunity United Kingdom

Dates Signature: May 16, 1972 Ratification: July 3, 1979 Entry into force: October 4, 1979

Declarations, Reservations

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated November 25, 1987:
"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 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."

Declaration made upon ratification:
"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)."

Declaration made upon ratification:
"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 justifiable in other civil courts in the exercise of their normal jurisdiction."

Declaration made upon ratification:
"I have the honor 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.""

Declaration made upon ratification:
"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."

 
 Territorial Information

Communication contained in a letter from the Permanent Representative of the United Kingdom, dated November 18, 2009:
"I have the honor 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."

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated June 19, 1997:
"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 Basel 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."

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated November 25, 1987:
"I have the honor 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."

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated November 25, 1987:
"I have the honor to refer to the European Convention on State Immunity, done at Basel 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."

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated November 25, 1987:
"I have the honor 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."

Declaration made upon ratification:
"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 Cunha, Turks and Caicas Islands, UK Sovereign base areas of Akratiri and Dhekelia in the Island of Cyprus."