Points of law

The Court concluded that Norwegian Courts had the competence necessary to deal with a claim for compensation brought against the United States of America before Oslo City Court by a private party. The Court considered whether immunity could be denied also in cases which clearly fall within the scope of acta iure gestionis. The Court of Appeal concluded that customary international law does not restrict the competence of national courts only to those cases falling within the specific exemptions from immunity listed in the European Convention on State Immunity of 16 May 1972 and the draft UN Convention on Jurisdictional Immunities for States and their Property prepared by the International Law Commission. Immunity was thus denied and the case referred back to Oslo City Court for further deliberations. The Court had found that the restrictive immunity goes beyond what is envisaged in the European Convention and the Draft UN Convention.

Summary of the case

The case concerned a claim for compensation brought against the United States of America before Oslo City Court by a private party.

Sources

Extracts published in Nordic Journal of International Law, No 70, 2001, page 531-566.

Additional information (explanations, notes, etc.)

The case was previous ruled by Oslo City Court on the 9 August 2000. The Oslo City Court came to the opposite conclusion.

In the Court of Appeal’s Judgement both the European Convention on State Immunity of 16 May 1972 and the Draft UN Convention on Jurisdictional Immunities for States and their Property prepared by the International Law Commission, are mentioned.