A/RES/59/38
United Nations
General Assembly
Distr.: General
16 December 2004
Fifty-ninth session
Agenda item 142
Resolution adopted by the General Assembly on 2 December 2004
[on the report of the Sixth Committee (A/59/508)]
59/38. United Nations Convention on Jurisdictional Immunities of
States and Their Property
The General Assembly,
Bearing in mind Article 13, paragraph 1 (a), of the Charter of the United
Nations,
Recalling its resolution 32/151 of 19 December 1977, in which it
recommended that the International Law Commission take up the study of the law
of jurisdictional immunities of States and their property with a view to its
progressive development and codification, and its subsequent resolutions 46/55 of
9 December 1991, 49/61 of 9 December 1994, 52/151 of 15 December 1997, 54/101
of 9 December 1999, 55/150 of 12 December 2000, 56/78 of 12 December 2001,
57/16 of 19 November 2002 and 58/74 of 9 December 2003,
Recalling also that the International Law Commission submitted a final set of
draft articles, with commentaries, on the law of jurisdictional immunities of States
and their property in chapter II of its report on the work of its forty-third session, 1
Recalling further the reports of the open-ended Working Group of the Sixth
Committee, 2 as well as the report of the Working Group on Jurisdictional
Immunities of States and Their Property of the International Law Commission, 3
submitted in accordance with General Assembly resolution 53/98 of 8 December
1998,
Recalling that in its resolution 55/150 it decided to establish the Ad Hoc
Committee on Jurisdictional Immunities of States and Their Property, open also to
participation by States members of the specialized agencies, to further the work
done, consolidate areas of agreement and resolve outstanding issues with a view to
elaborating a generally acceptable instrument based on the draft articles on
jurisdictional immunities of States and their property adopted by the International
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1
Official Records of the General Assembly, Forty-sixth Session, Supplement No. 10 (A/46/10).
A/C.6/54/L.12 and A/C.6/55/L.12.
3
Official Records of the General Assembly, Fifty-fourth Session, Supplement No. 10 and corrigenda
(A/54/10 and Corr.1 and 2), annex.
2
04-47854