Hostname: page-component-84b7d79bbc-dwq4g Total loading time: 0 Render date: 2024-07-28T12:20:41.711Z Has data issue: false hasContentIssue false

Belhaj and Boudchar (Respondents) v. Straw and Others (Appellants)

United Kingdom, England.  17 January 2017 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Human rights — Torture — Detention — Extra-judicial rendition — Justiciability — Action in domestic court against organs of the forum State — Allegations that those organs complicit in violations of fundamental human rights by foreign States — Whether justiciable

Relationship of international law and municipal law — Act of State — Different doctrines of act of State — Act of foreign State — Different concepts — Rule of private international law that legislation of a foreign State presumed valid in respect of property located within the territory of the State — Possible rule that acts of a State within its own territory relating to property not to be questioned — Rule that certain acts of State performed outside the territory of the State on the plane of international law not justiciable in the domestic courts of another State — Limits of doctrine — Public policy exception — Whether doctrine applicable where allegations of violations of jus cogens or fundamental human rights

Sources of international law — Customary international law — Jus cogens — Significance in proceedings in domestic courts

State immunity — Jurisdictional immunity — Whether State indirectly impleaded — Action in English courts against United Kingdom Government departments and officials — Allegation of complicity in unlawful acts by foreign States — Whether foreign States indirectly impleaded — Whether State immunity applicable — State Immunity Act 1978 — United Nations Convention on Jurisdictional Immunities of States and their Property, 2004 — Relationship between State immunity and foreign act of State doctrine — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)