A/RES/59/38. Resolution of the United Nations General Assembly, 2004

• Resolution Number: A/RES/59/38
• Session: 59th
• Issuer: General Assembly of the United Nation

United Nations A/RES/59/38

General Assembly Distr.: General

16 December 2004

Fifty-ninth session

Agenda item 142

04-47854

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

_______________

1 Official Records of the General Assembly, Forty-sixth Session, Supplement No. 10 (A/46/10).

2 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.