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

United Kingdom, England.  17 January 2017 .

Published online by Cambridge University Press:  01 January 2021

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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

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