Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- United Kingdom
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/United Kingdom/1981/288
- Translations
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- No translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of United Kingdom - Jurisprudence of 16/07/1981
Database of the CAHDI "The immunities of States and international organisations" - contribution of United Kingdom - Jurisprudence of 16/07/1981
1o Congreso Del Partido
Author(ity)
House of Lords
Date of the decision, of the judgment
16/07/1981
Points of law
1) The restrictive doctrine of State immunity in customary international law forms part of the common law. A foreign State cannot therefore claim State immunity in respect of acts iure gestionis;2) In characterising an act as iure imperii or iure gestionis, a court should in general consider the nature, rather than the purpose or motive, of the act in question. However the Court must consider the whole context against which the claim against the foreign State is made;
3) (By majority) The breaches by the defendant State, as owner of the ships, of its obligations towards the owners of the two cargoes in this case, were acts iure gestionis, notwithstanding their political motivation.
