SovereignImmunityfromExecutionwithanemphasisonthe：主权豁免在强调执行.ppt

* * * * * * * * * * * * * * * * * * * * * Sovereign Immunity from Execution with an emphasis on the enforcement of arbitral awards Koji Takahashi (Doshisha University Law School, Japan)(Authored in the spring of 2007) Some important instruments European Convention on State Immunity 1972 United Nations Convention on Jurisdictional Immunities of States and Their Property 2004 United States Foreign Sovereign Immunities Act 1976 United Kingdom State Immunity Act 1978 Canadian State Immunity Act 1985 Australian Foreign States Immunities Act 1985 General principles of international law The extent of immunity depends on the law of the country where the execution is sought. Conflicting interests behind sovereign immunity issues Interests of private litigants in obtaining recovery Interests of sovereign states in: not being subjected to the sovereign power of another state avoiding excessive liability. Kalogeropoulou and others v. Greece and Germany The European Court of Human Rights rejected the contention that the refusal to take execution measures infringed Article 6(1) of the European Convention on Human Rights. Article 6(1) “In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an ... impartial tribunal...” Compliance by the defendant states with judgments against them Opportunity of voluntary compliance U.S. Foreign Sovereign Immunities Act s. 1610 (c) No … execution … shall be permitted until the court has ordered such … execution after having determined that a reasonable period of time has elapsed following the entry of judgment and the giving of any notice …. UN Convention A proposal ‘no measures of constraint shall be taken against the property of a state before that state has been given adequate opportunity to comply with the judgment’. Obligation of compliance European Convention Article 20 A Contracting State shall give effect to a judgment given against it by a court of another Contra