Hostname: page-component-5c6d5d7d68-7tdvq Total loading time: 0 Render date: 2024-08-10T03:26:04.238Z Has data issue: false hasContentIssue false

Benin v. Whimster

England.  05 June 1975 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International law in general — Relation to municipal law Legislation implementing treaty — Whether necessary for courts to construe treaty and legislation together and give them same meaning and effect — The law of England

Jurisdiction — In general — Territorial — Expropriation of alien property — Meaning of expropriation — The law of England

State responsibility — Claims — In general — Foreign Compensation Commission administering fund obtained form foreign government in respect of nationalizations — Proceedings — The law of England

Treaties — Conclusion and operation of treaties — Operation and enforcement — Necessity for municipal legislation — Legislation implementing treaty — Interpretation of legislation by municipal courts — Whether necessary for courts to construe treaty and legislation together and give them the same meaning and effect — The law of England

State responsibility — Nature and kinds of State responsibility — For taking of, or interference with, property — Sequestration of foreign — owned property followed by sale, allegedly at less than market value, to nationalized concern — Whether amounting to expropriation or nationalization — Anglo — Egyptian Agreement of 1971 for compensation in respect of Egyptian measures of nationalization — Sequestration carried out under Presidential Proclamation — Sale made under Executive Decision — Whether whole process carried out by or under “laws promulgated by the Government of the Arab Republic of Egypt in respect of expropriation or nationalization” — Whether courts should examine treaty when interpreting municipal legislation implementing it — Foreign Compensation Commission — Foreign Compensation (Egypt) Order 1971 — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1981

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.)