Should the 2004 un State Immunity Convention Serve as a Model/Starting point for a Future un Convention on the Immunity of International Organizations?

This paper argues that the 2004 United Nations Convention on Jurisdictional Immunities of States and their Property should not serve as a model for a new convention with regard to international organizations. It has been suggested that there would be some advantages in preparing a draft convention on the jurisdictional immunity of international organizations: it would make the law governing the immunities of international organizations more 'easily ascertainable'; a convention would progressively develop the law; and it would make a useful counterpart and parallel convention to the 2004 convention. However, this paper contends that each of these reasons - while appealing from the perspective of harmonization and a notion of an accessible and predictable international 'rule of law' - does not overcome the problems of principle, practice and precedent. However, the immunities afforded to State officials may have greater value as a model for the immunities of officials of international organizations.