Hostname: page-component-84b7d79bbc-dwq4g Total loading time: 0 Render date: 2024-07-28T16:31:07.637Z Has data issue: false hasContentIssue false

McElhinney v. Williams and Her Majesty’s Secretary of State for Northern Ireland

Irelan.  15 December 1995 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

State immunity — Jurisdictional immunity — Tort — Whether immunity applicable in respect of alleged assault within jurisdiction by foreign soldier — Alleged attempt by soldier to fire gun at plaintiff — Restrictive doctrine of immunity — Whether relevant act governmental in character — Whether exception to sovereign immunity exists in respect of torts committed by foreign States within the jurisdiction — Reciprocity

Relationship of international law and municipal law — Statutes — State immunity — Whether domestic statutes can be regarded as evidence of rules of international law — Domestic statutes establishing exception to sovereign immunity in respect of torts committed within jurisdiction — Whether domestic provisions evidence or establish such an exception under international law — The law of Ireland

Type
Case Report
Copyright
© Cambridge University Press 1997

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.)