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The immunities of States and international organisations

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Information on the contribution

Member State
Netherlands
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Netherlands/1990/196
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Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Netherlands - Jurisprudence of 28/09/1990

W.L. Oltmans v. the Republic of Surinam

Author(ity)

Supreme Court

Date of the decision, of the judgment

28/09/1990

Points of law

The nature of the bankruptcy and the consequences attached to a declaration of bankruptcy prevent the Dutch courts from having jurisdiction to take a measure of this kind in relation to a foreign power. Acceptance of this jurisdiction would imply that a trustee in bankruptcy with far-reaching powers could take over the administration and winding up of the assets of a foreign power under the supervision of a Dutch public official. This would constitute an unacceptable infringement under international law of the sovereignty of the foreign State concerned.

Summary of the case

By petition Oltmans, who lived in the United States, requested that the Republic of Surinam be declared bankrupt on the ground that it was in the position of having ceased to pay its debts, as it had not paid a debt to Oltmans.

Sources

NJ 1991, 247.

English summary: NYIL 1992, p.443-447.

Additional information (explanations, notes, etc.)

An English summary of the judgment of the District Court can also be found in NYIL 1992, p. 443-447.