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Ex parte Mwenya.

England.  03 July 1959 ; 13 October 1959 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

States as international persons — Sovereignty and independence — Conclusiveness of statements of Executive — As to status of territory — Protectorate of Northern Rhodesia — Whether foreign territory for purpose of issue of writ of habeas corpus by, English High Court.

Jurisdiction — Territorial limits of — Jurisdiction of English High Court to issue writ of habeas corpus into protectorate — Whether writ will issue to protect British national in foreign State — Trespass on sovereignty of foreign State — Principle of effectiveness.

States as international persons — Dependent States — Protectorates — Relationship to protecting State — Northern Rhodesia — Whether a “foreign dominion” of British Crown — Whether foreign territory for purpose of issue of writ of habeas corpus by English High Court — Sovereignty — Divisibility of — Variable nature of protectorates — Compared with colony or territory acquired by conquest.

Type
Case Report
Copyright
© Cambridge University Press 1963

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