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Published online by Cambridge University Press: 20 April 2017
During the past few years Swedish Courts have repeatedly dealt with cases involving problems of international law of great general interest. Several of these cases have concerned problems of the immunity of ships owned by foreign Governments. Each case has presented characteristic peculiarities and difficulties of its own and as a result various legal aspects of the problem have been thoroughly examined by the courts. Apart from these purely legal difficulties the cases have usually been of a politically delicate character. There has thus existed the risk that foreign Governments would attempt to bring pressure to bear on the Swedish courts whose independence and objectivity have, therefore, frequently been severely tested. This circumstance renders an examination of Swedish judicial practice during the past few years particularly interesting. Owing to the importance of the problems dealt with from the point of view of international law and of the light they shed on the administration of justice in Sweden during a difficult period, a brief summary and analysis of the principal cases may be of some interest to the American public.
1 For these problems see Hackworth, , Digest of International Law, Vol. II, p. 423;Google Scholar Oppenheim, , International Law, 5th ed., ed. by Lauterpacht, Vol. II, p. 668 Google Scholar; Garner, , “Immunities of State-owned Ships Employed in Commerce,” in British Year-Book of International Law, 1925, p. 128.Google Scholar
2 My learned colleagues, Professor Halvar G. F. Sundberg, Upsala University, and Professor Hakan Nial, Stockholm, gave their opinions on behalf of the British and Norwegian legations, which were published in 1942 and are of considerable interest.
3 See the Swedish publication of leading cases, Nytt juridiskt arkiv for 1942, Vol. I,p. 65. The case is to be reported inthe Annual Digest.
4 Christiana, , Lloyd’s List Law Reports, Vol. 60, p. 7 Google Scholar
5 McNair, , Legal Effects of War, 1944, p. 381.Google Scholar
6 This case is fully discussed by Sundberg in Nordish Tidskrift for International Ret, 1942, and in Strödda uppsatser, 1943, p. 89, as well as by Gihl in Svensk Juristtidning, 1944.