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

Search

Information on the contribution

Observer
Japan
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Japan/2000/344
Attachments
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Japan - Jurisprudence of 30/11/2000

X v. the Nauru Finance Corporation, the Republic of Nauru

Author(ity)

Tokyo District Court

Date of the decision, of the judgment

30/11/2000

Points of law

n/a

Summary of the case

The Court ruled that considering the need to protect the legal status of their own nationals, and to secure the basis of foreign State’s international economic activities, the restrictive theory has been accepted. In view of the facts in this case, i.e., the commercial nature of the issuance of bonds under the guarantee of a government and the express waiver of sovereign immunity by a prior written agreement on the bonds, we come to the conclusion that there are no grounds for the arguments of defendants which demand immunity from Japanese jurisdiction.

Sources

The Japanese Annual of International Law No. 44, 2001

Additional information (explanations, notes, etc.)

n/a