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/2014/293
- 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 30/10/2014
Database of the CAHDI "The immunities of States and international organisations" - contribution of United Kingdom - Jurisprudence of 30/10/2014
Belhaj and others v. Straw and others
Author(ity)
Court of Appeal
Date of the decision, of the judgment
30/10/2014
Points of law
1) State immunity does not extend to bar claims in which a foreign state (or emanation of) would have the legality of its conduct examined, albeit that they were not a party to the proceeding;2) Article 6(2)(b) of the UN Convention on Jurisdictional Immunities of States and their Property, which appears to support a wider context of indirect impleader, does not represent either the law in the UK, nor accepted customary international law.
Summary of the case
n/aSources
[2014] EWCA Civ 1394Additional information (explanations, notes, etc.)
The judgment is subject to an appeal to the Supreme Court.The judgment also addresses the ‘act of state’ doctrine, and this is also on appeal to the Supreme Court.