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Rahmatullah v. Ministry of Defence and Foreign and Commonwealth Office

United Kingdom, England.  19 November 2014 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State immunity — Jurisdictional immunity — Whether State indirectly impleaded — Action in English courts against United Kingdom Government departments and officials — Whether action requiring English courts to decide whether acts allegedly performed by officials of foreign State unlawful — Whether State immunity would bar such inquiry — Compatibility of State immunity with European Convention on Human Rights, 1950, Article 6 — Sources of international law regarding State immunity

Relationship of international law and municipal law — Act of State — Different doctrines of act of State — Act of foreign State — Whether a separate but related concept of non-justiciability — Crown act of State — Whether act of foreign State doctrine barring court from exercising jurisdiction if to do so would require inquiry into legality of acts of foreign State — Whether court required to exercise judicial restraint — Whether Crown act of State precluding justiciability of claim — Whether Crown act of State a defence to action in tort for acts performed pursuant to lawful government policy — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2018

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