The relationship between the customary international law on State immunities and United Nations Convention on Jurisdictional Immunities of States and Their Property

《联合国国家及其财产管辖豁免公约》载有一些条款，这些条款很难被认为是习惯国际法的编纂或与目前的国家实践相一致。这种情况在几乎完全以《公约》为基础的《日本对外国民事管辖权法》和习惯国际法之间造成了一些微小的差距。这可能会在具体案件中产生管辖权问题，特别是对非《公约》缔约国而言。

The United Nations Convention on Jurisdictional Immunities of States and Their Property contains some provisions that are difficult to regard as codifying customary international law or being consistent with current state practice. This situation has created some minor gaps between the Act on the Civil Jurisdiction of Japan with respect to a Foreign State, etc. which is based almost entirely on the Convention, and customary international law. This may create jurisdictional issues in specific cases, especially with respect to States not parties to the Convention.