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Kuwait Airways Corporation v. Iraqi Airways Co. (Nos 4 and 5)

England Court of Appeal (Civil Division).  16 May 2002 ; 16 May 2002 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Expropriation — Conditions for legality — Territorial limitations — Dissolution of corporation and transfer of assets — Iraqi invasion and annexation of Kuwait — Purported dissolution by Iraq of Kuwait Airways Corporation — Transfer of assets to Iraqi Airways Company — Kuwaiti aircraft flown to Iraq before decree — Whether decree effective to transfer title — Whether to be recognized by courts of third country

Governments — De facto governments — Occupation of territory in armed conflict — Purported annexation of territory — Iraqi occupation and annexation of Kuwait — Whether Iraq to be regarded as de facto government of Kuwait during occupation — Whether acts of Iraq in Kuwait to be treated as effective by courts of other States — Significance of international condemnation of occupation and annexation

International organizations — United Nations — Security Council — Effect of Security Council resolutions — Resolutions adopted under Chapter VII of the Charter of the United Nations — Effect of resolutions before courts of Member State — Security Council resolutions regarding Iraqi invasion of Kuwait — Duty of States not to recognize annexation of Kuwait or related Iraqi actions — Duty of Iraq to rescind legislation on annexation of Kuwait

Recognition — Of governments — United Kingdom practice — 1980 declaration that United Kingdom Government would no longer recognize governments — Application by courts in the United Kingdom — Position where United Kingdom Government makes unequivocal statement that it does not recognize a regime — International law duty of non-recognition — Iraqi claims to Kuwait — Whether English courts precluded from treating Iraq as de facto government of Kuwait during occupation

Relationship of international law and municipal law — Act of State and non-justiciability — Nature of act of State doctrine — Whether separate principle of non-justiciability — Acts of foreign sovereign within own territory — Whether to be treated as valid without inquiry — Whether exceptions to this principle — Public policy — Whether informed by international law — Relevance of UN Security Council decisions — Violation by foreign State of clearly established principles of international law

States — Existence of State — Occupation of entire territory of State by invader — Annexation of occupied territory — Whether State ceasing to exist — Kuwait — Iraqi annexation in 1990 — Rescission of annexation in 1991

War and armed conflict — Belligerent occupation — Iraqi occupation of Kuwait — Illegality — Invalidity of measures taken by Iraq to annex Kuwait and take property of Kuwaiti State corporations — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2004

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