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Her Majesty the Queen in Right of Canada v. Edelson and Others
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Jurisdictional immunity — Whether rules forming part of customary international law — Whether restricted or absolute — Distinction between acts performed jure imperii and jure gestionis — Nature and purpose tests — Test of whether a private entity other than the State could have been a party to the act — Freedom of States to adopt different rules pending the development of a standardized international practice — Purchase or rental of buildings for ambassadorial residence not covered by State immunity — Head of State — Action against Head of State in substance an action against the State itself
Diplomatic relations — Diplomatic immunity — Ambassador — Whether acting as State’s representative in conclusion of lease or as party to legal proceedings — Party to lease being sovereign State of Canada — Dispute covered by State immunity rather than diplomatic immunity
Relationship of international law and municipal law — Customary international law — Part of the law of the State of Israel — Conflict between rules of customary international law and Israeli legislation — Whether the latter prevails — The law of Israel
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- © Cambridge University Press 2007
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