Q. Consider the following statements regarding the concept of state immunity as recognized in the international law:
1. It safeguards a state’s property against the jurisdiction of another country’s domestic courts.
2. There is no international legal instrument in force administering its implementation.
3. India has ratified the United Nations Convention on Jurisdictional Immunities of States and Their Property (UNSCI).
Which of the above statements is/are incorrect?

[A] 1 only

[B] 2 and 3 only

[C] 3 only

[D] 1, 2 and 3

Answer: C
Notes:

Only Statement 3 is incorrect.  

State immunity is a well-recognized doctrine in international law which safeguards a state and its property against the jurisdiction of another country’s domestic courts. 

  • This covers immunity from both jurisdiction and execution. 
  • Despite the universal acceptance of this doctrine, there is no international legal instrument in force administering its implementation in municipal legal systems of different countries. 
  • Attempts are underway to create binding international law on the application of the rules of state immunity, such as the United Nations Convention on Jurisdictional Immunities of States and Their Property (UNSCI). However, this convention is yet to be ratified by 30 countries — the minimum number required to bring it in force, as per Article 30 (1) of UNSCI. 
  • India has signed the convention, but not ratified it. 

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