Press release 11 January 2008
Ministry for Foreign Affairs

Swedish accession to the UN Convention on Jurisdictional Immunities of States and their Property

Today the Inquiry on State Immunity in Swedish Law delivered its report "Immunity of States and their Property" (Swedish Government Official Reports SOU 2008:2) to Minister for Foreign Affairs Carl Bildt. The report proposes that Sweden ratify the UN Convention on Jurisdictional Immunities of States and their Property and that the Convention be incorporated into Swedish law.

State immunity means that a state is not obliged to submit to the judgments or executive jurisdiction of another state's courts.

In Sweden there is no general legislation on state immunity. At present, Swedish courts primarily apply customary law and previous case-law in matters of state immunity. The 2004 United Nations Convention on Jurisdictional Immunities of States and their Property is essentially a codification of current customary law in the area. The Convention starts out from the restrictive theory of immunity, which gives states limited immunity to the jurisdiction of other states' courts.

Swedish accession to the Convention will mean that Swedish courts will obtain access to a written regulatory framework on matters of state immunity. It will also mean increased predictability for Swedish natural and legal persons in any relations they may have with foreign states. The Inquiry proposes that Sweden ratify the Convention and that it be introduced into Swedish law by an incorporation act, which means that the original texts of the Convention will apply as Swedish law.