Verdrag nopens de voorrechten en immuniteiten van de Verenigde Naties
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Albanië | Ja | Nee |
Algerije | Ja | Ja |
Armenië | Ja | Nee |
Belarus | Ja | Ja |
Canada | Ja | Nee |
China | Ja | Ja |
Indonesië | Ja | Ja |
Laos | Ja | Nee |
Litouwen | Ja | Ja |
Mexico | Ja | Nee |
Nepal | Ja | Ja |
Oekraïne | Ja | Ja |
Portugal | Ja | Nee |
Qatar | Ja | Nee |
Roemenië | Ja | Ja |
Russische Federatie | Ja | Ja |
Saudi-Arabië | Ja | Nee |
Thailand | Ja | Nee |
Turkije | Ja | Nee |
Venezuela | Ja | Nee |
Verenigde Staten van Amerika | Ja | Nee |
Vietnam | Ja | Ja |
Zuid-Afrika | Ja | Nee |
Zuid-Korea | Ja | Nee |
Albanië
02-07-1957
The People's Republic of Albania does not consider itself bound by the provisions of section 30, which provide that any difference arising out of the interpretation or application of the present Convention shall be brought before the International Court of Justice, whose opinion shall be accepted as decisive by the parties; with respect to the competence of the Court in disputes relating to the interpretation or application of the Convention, the People's Republic of Albania will continue to maintain, as it has heretofore, that in every individual case the agreement of all the parties to the dispute is required in order that the dispute may be laid before the International Court of Justice for a ruling.
Algerije
31-10-1963
The Democratic and Popular Republic of Algeria does not consider itself bound by section 30 of the said Convention which provides for the compulsory jurisdiction of the International Court of Justice in the case of differences arising out of the interpretation or application of the Convention. It declares that, for the submission of a particular dispute to the International Court of Justice for settlement, the consent of all parties to the dispute is necessary in each case. This reservation also applies to the provision of the same section that the advisory opinion given by the International Court of Justice shall be accepted as decisive.
Bezwaar Verenigd Koninkrijk, 20-06-1967
Her Majesty's Government wish to put on record that they are unable to accept these reservations because, in their view, they are not of the kind which intending parties to the Convention have the right to make.
Armenië
29-04-2004
The Republic of Armenia hereby declares that the paragraph c of the Section 18 of the Convention shall not apply to the nationals of the Republic of Armenia.
Belarus
22-10-1953
The Byelorussian Soviet Socialist Republic does not consider itself bound by the provision of section 30 of the Convention which envisages the compulsory jurisdiction of the International Court and, in regard to the competence of the International Court in differences arising out of the interpretation and application of the Convention, the Byelorussian Soviet Socialist Republic will, as hitherto, adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute is required in every individual case. This reservation is equally applicable to the provisions contained in the same section, whereby the advisory opinion of the International Court shall be accepted as decisive.
Bezwaar Verenigd Koninkrijk, 04-08-1954
Her Majesty’s Government regret that they are unable to accept the above-mentioned reservation because in their view it is not of the kind which intending parties of the Convention have the right to make.
Canada
22-01-1948
With the reservation that exemption from taxation imposed by any law in Canada on salaries and emoluments shall not extend to a Canadian citizen residing or ordinarily resident in Canada.
China
11-09-1979
The Government of the People's Republic of China has reservations on section 30, article VIII, of the Convention.
Bezwaar Verenigd Koninkrijk, 08-11-1979
The United Kingdom Government wish to put on record that they are unable to accept this reservation because, in their view, it is not of the kind which intending parties to the Convention have the right to make.
Indonesië
08-03-1972
Article 1 (b) section 1: The capacity of the United Nations to acquire and dispose
of immovable property shall be exercised with due regard to national laws and regulations.
Article VIII, section 30: With regard to competence of the International Court of
Justice in disputes concerning the interpretation or application of the Convention,
the Government of Indonesia reserves the right to maintain that in every individual
case the agreement of the parties to the dispute is required before the Court for
a ruling.
Bezwaar Verenigd Koninkrijk, 21-09-1972
The United Kingdom Government wish to put on record that they are unable to accept this reservation because, in their view, it is not of the kind which intending parties to the Convention have the right to make.
Laos
24-11-1956
1. Laotian nationals domiciled or habitually resident in Laos shall not enjoy exemption
from the taxation payable in Laos on salaries and income.
2. Laotian nationals who are officials of the United Nations shall not be immune from
National Service obligations.
Litouwen
17-03-1997
The Government of the Republic of Lithuania has made the reservation in respect of
article 1 (1) (b), that the United Nations shall not be entitled to acquire land in
the territory of the Republic of Lithuania, in view of the land regulations laid down
by the article 47 of the Constitution of the Republic of Lithuania.
Explanation
Article 47 of the Constitution gives an exhaustive list of subjects who have the right
to ownership over land plots. The provisions of article 47 of the Constitution of
the Republic of Lithuania and other laws of the Republic of Lithuania do not entitle
international intergovernmental organizations to own the plot of land.
It is important to note that the Constitution of the Republic of Lithuania and other
laws of the Republic of Lithuania provide the right to the subjects, international
intergovernmental organizations among others, to long-term land lease which might
be up to 99 years. In accordance with procedural and administrative requirements of
the national legislation, international intergovernmental organizations, for the effective
performance of their obligations, may conclude agreements, acquire and dispose of
necessary movable and immovable property and may institute legal proceedings.
[The Government of Lithuania] would like to emphasize that this reservation has a
temporary character and in light of legal reform, changes in the current legislation
are feasible.
Bezwaar Verenigd Koninkrijk, 03-10-1957
Her Majesty’s Government regret that they are unable to accept the above-mentioned reservation because in their view it is not of the kind which intending parties of the Convention have the right to make.
Mexico
26-11-1962
(a) The United Nations and its organs shall not be entitled to acquire immovable property
in Mexican territory, in view of the property regulations laid down by the Political
Constitution of the United Mexican States.
(b) Officials and experts of the United Nations and its organs who are of Mexican
nationality shall enjoy, in the exercise of their functions in Mexican territory,
exclusively those privileges which are granted them by section 18, paragraphs (a),
(d), (f) and (g) , and by section 22, paragraphs (a), (b), (c), (d) and (f) respectively,
of the Convention on the Privileges and Immunities of the United Nations, on the understanding
that the inviolability established in the aforesaid section 22, paragraph (c) , shall
be granted only for official papers and documents.
Nepal
28-09-1965
Subject to the reservation with regard to section 18 (c) of the Convention, that United
Nations officials of Nepalese nationality shall not be exempt from service obligations
applicable to them pursuant to Nepalese law; and
Subject to the reservation with regard to section 30 of the Convention, that any difference
arising out of the interpretation or application of the Convention to which Nepal
is a party, shall be referred to the International Court of Justice only with the
specific agreement of His Majesty's Government of Nepal.
Bezwaar Verenigd Koninkrijk, 20-06-1967
Her Majesty's Government wish to put on record that they are unable to accept these reservations because, in their view, they are not of the kind which intending parties to the Convention have the right to make.
Oekraïne
20-11-1953
The Ukrainian Soviet Socialist Republic does not consider itself bound by the provision of section 30 of the Convention which envisages the compulsory jurisdiction of the International Court and, in regard to the competence of the International Court in differences arising out of the interpretation and application of the Convention, the Ukrainian Soviet Socialist Republic will, as hitherto, adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute is required in every individual case. This reservation is equally applicable to the provision contained in the same section, whereby the advisory opinion of the International Court shall be accepted as decisive.
Bezwaar Verenigd Koninkrijk, 01-08-1954
Her Majesty’s Government regret that they are unable to accept the above-mentioned reservation because in their view it is not of the kind which intending parties of the Convention have the right to make.
Portugal
14-10-1998
The exemption established in paragraph (b) of section 18 shall not apply with respect to Portuguese Nationals and Residents in the Portuguese Territory which have not acquired this quality for the purpose of the exercise of their activity.
15-02-2018
Withdrawal of reservation to Section 18(b).
Qatar
26-09-2007
.....the State of Qatar has reservation on section (30) of article (8) of the Convention
on the Privileges and Immunities of the United Nations, adopted by the General Assembly
on 13 February 1946.
The State of Qatar does not consider itself bound by the provisions of section (30)
of the aforementioned Convention which provides for the compulsory jurisdiction of
the International Court of Justice in the case of differences arising out of the interpretation
or application of the Convention, and declares that the consent of all the parties
to the dispute is necessary for the submission of any particular dispute to the International
Court of Justice for settlement.
Furthermore, the State of Qatar does not consider the advisory opinion given by the
International Court of Justice shall be accepted as decisive as indicated in above-mentioned
section (30).
Roemenië
05-07-1956
The Romanian People's Republic does not consider itself bound by the terms of section 30 of the Convention which provide for the compulsory jurisdiction of the International Court in differences arising out of the interpretation or application of the Convention; with respect to the competence of the International Court in such differences, the Romanian People's Republic takes the view that, for the purpose of the submission of any dispute whatsoever to the Court for a ruling, the consent of all the parties to the dispute is required in every individual case. This reservation is equally applicable to the provisions contained in the said section which stipulate that the advisory opinion of the International Court is to be accepted as decisive.
Bezwaar Verenigd Koninkrijk, 06-09-1956
Her Majesty’s Government regret that they are unable to accept the above-mentioned reservation because in their view it is not of the kind which intending parties of the Convention have the right to make.
Russische Federatie
22-09-1953
The Soviet Union does not consider itself bound by the provision of section 30 of the Convention which envisages the compulsory jurisdiction of the International Court, and in regard to the competence of the International Court in differences arising out of the interpretation and application of the Convention, the Soviet Union will, as hitherto, adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute is required in every individual case. This reservation is equally applicable to the provision contained in the same section, whereby the advisory opinion of the International Court shall be accepted as decisive.
Bezwaar Verenigd Koninkrijk, 04-08-1954
Her Majesty’s Government regret that they are unable to accept the above-mentioned reservation because in their view it is not of the kind which intending parties of the Convention have the right to make.
Bezwaar Libanon, 05-01-1955
Depositary Communication:
By a communication received on 5 January 1955, the Government of Lebanon notified
the Secretary-General that it objected to this reservation.
Saudi-Arabië
03-09-2015
The Government of Saudi Arabia is not bound by the text of Section 30 of Article VIII.
On 1 February 2016 the Secretary-General received from the Government of Saudi Arabia
the following clarification regarding the reservation to Article VIII, Section 30:
The Kingdom of Saudi Arabia does not consider itself bound by the provisions of Section
30 of the aforementioned Convention which provides for the compulsory jurisdiction
of the International Court of Justice in the case of differences arising out of the
interpretation or application of the Convention, and declares that the consent of
the Parties to a given dispute is always necessary in order for the dispute to be
referred to the [C]ourt for settlement. Furthermore, the Kingdom of Saudi Arabia does
not consider the advisory opinion given by the [I]nternational Court of Justice to
be decisive in respect of differences that might arise between the United Nations
and a Member State, as indicated in above-mentioned Section 30.
Thailand
30-03-1956
Officials of the United Nations of Thai nationality shall not be immune from national service obligations.
Turkije
22-08-1950
(a)The deferment, during service with the United Nations, of the second period of
military service of Turkish nationals who occupy posts with the said Organization,
will be arranged in accordance with the procedures provided in Military Law No. 1111,
account being taken of their position as reserve officers or private soldiers, provided
that they complete their previous military service as required under Article 6 of
the above-mentioned Law, as reserve officers or private soldiers.
[…]
(e) Turkish nationals entrusted by the United Nations with a mission in Turkey as
officials of the Organization are subject to the taxes payable by their fellow citizens.
They must make an annual declaration of their salaries in accordance with the provisions
set forth in chapter 4, section 2, of Law No. 5421 concerning income tax.
Venezuela
21-12-1998
[...] article I, section 1(b):
The acquisition of immovable property by the United Nations shall be subject to the
condition set forth in the Constitution of the Republic of Venezuela and to the restrictions
established by the law provided for therein.
[...] articles V and VI:
Venezuela hereby states that the proviso established in section 15 of article IV of
this Convention shall also apply with respect to articles V and VI ejusdem.
Verenigde Staten van Amerika
29-04-1970
(1) Paragraph (b) of section 18 regarding immunity from taxation and paragraph (c)
of section 18 regarding immunity from national service obligations shall not apply
with respect to United States nationals and aliens admitted for permanent residence.
(2) Nothing in article IV, regarding the privileges and immunities of representatives
of Members, in article VI, regarding the privileges and immunities of United Nations
officials, or in article VI, regarding the privileges and immunities of experts on
missions for the United Nations, shall be construed to grant any person who has abused
his privileges of residence by activities in the United States outside his official
capacity exemption from the laws and regulations of the United States regarding the
continued residence of aliens, provided that:
(a) No proceedings shall be instituted under such laws or regulations to require any
such person to leave the United States except with the prior approval of the Secretary
of State of the United States. Such approval shall be given only after consultation
with the appropriate Member in the case of a representative of a Member (or member
of his family) or with the Secretary-General in the case of any person referred to
in articles V and VI;
(b) A representative of the Member concerned or the Secretary-General, as the case
may be, shall have the right to appear in any such proceedings on behalf of the person
against whom they are instituted;
(c) Persons who are entitled to diplomatic privileges and immunities under the Convention
shall not be required to leave the United States otherwise than in accordance with
the customary procedure applicable to members of diplomatic missions accredited or
notifie to the United States.
Vietnam
06-04-1988
1. Disputes concerning the interpretation or application of the Convention shall be
referred to the International Court of Justice for settlement only with the consent
of all parties concerned.
2. The opinion of the International Court of Justice referred to in article VIII,
section 30, shall be merely advisory and shall not be considered decisive without
the consent of all parties concerned.
Bezwaar Verenigd Koninkrijk, 30-01-1990
The instrument of accession deposited by the Government of Viet Nam contains a reservation
relating to Article VIII, Section 30, of the Convention concerning the settlement
of disputes over the interpretation or application of the Convention. The Government
of the United Kingdom of Great Britain and Northern Ireland have consistently stated
that they are unable to accept reservations in respect of Article VIII, Section 30.
In their view, these are not the kind of reservations which intending parties to the
Convention have the right to make.
Accordingly, the Government of the United Kingdom do not accept the reservation entered
by the Government of Viet Nam against Article VIII, Section 30, of the Convention.
Zuid-Afrika
30-08-2002
The Government of the Republic of South Africa does not consider itself bound by the
provisions of Article II, Section 5 in so far as it relates to the buying, selling
and holding of gold as certain limitations exist in the Republic regarding the buying,
selling and holding of gold. Explanatory note: the buying, selling and holding of
gold in the Republic is regulated. In terms of Exchange Control Regulation 2 no person
other than an Authorised Dealer may buy or borrow any gold from, or sell to, any person
not being an Authorised Dealer, unless exemption from Exchange Control Regulation
5 has been authorised (Mining Houses and Mining Producers may elect to sell their
total gold holdings to the approved counter parties, including foreign counter parties,
provided that the Exchange Control Department of the South African Reserve Bank has
given the necessary exemption from the aforementioned regulation).
Pending a decision by the Government of the Republic of South Africa on the compulsory
jurisdiction of the International Court of Justice, the Government of the Republic
does not consider itself bound by the terms of Article VIII, Section 30 of the Convention
which provides for the compulsory jurisdiction of the International Court of Justice
in differences arising out of the interpretation or application of the Convention.
The Republic will adhere to the position that, for the submission of a particular
dispute for settlement by the International Court, the consent of all the parties
to the dispute is required in every individual case. This reservation is equally applicable
to the provisions contained in the said section, which stipulate that the advisory
opinion of the International Court is to be accepted as decisive.
Zuid-Korea
09-04-1992
[The Government of the Republic of Korea declares] that the provision of paragraph (c) of section 18 of article V shall not apply with respect to Korean nationals.