Hostname: page-component-84b7d79bbc-dwq4g Total loading time: 0 Render date: 2024-07-26T11:25:14.504Z Has data issue: false hasContentIssue false

Maclaine Watson & Co Ltd v. International Tin Council

England.  27 April 1988 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International organizations — Personality — Concept of international legal personality — Rights of international organization against its members — Whether justiciable in a municipal court — Whether creditor entitled to appointment of a receiver by way of equitable execution over assets of organization — Assets of organization said to include right to be indemnified by its members — Legal basis of right — International Tin Council — Sixth International Tin Agreement, 1982 — International Tin Council-United Kingdom Headquarters Agreement, 1972 — International Tin Council (Immunities and Privileges) Order 1972

Relationship between international law and municipal law — Act of State and justiciability — Doctrine of non-justiciability in English law — Scope and extent — Act of State doctrine — Principle that English courts will not sit in judgment upon transactions between sovereign States — Principle that English courts cannot enforce rights between parties to an unincorporated treaty — Relationship between different principles of act of State and non-justiciability — Relationship between act of State and non-justiciability and principles of sovereign immunity — Whether principle that English courts will not adjudicate upon transactions between sovereign States applies to commercial transactions of States — Treaties — Application by municipal courts — Treaty not incorporated into municipal law — Whether municipal court may enforce obligations of States derived from treaty

State immunity — Jurisdictional immunity — Exception to immunity for proceedings relating to State's membership of unincorporated body which has members other than States — Whether applicable to proceedings relating to membership of body whose only members are States and the European Economic Community — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1989

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.)