British Airways Board v. Laker Airways Ltd. and Another

Abstract

Jurisdiction — In general — Territorial — Over territory in general and persons and property situated therein — Application of United States antitrust legislation to sphere of international air transport — Whether contrary to obligations undertaken in bilateral treat — United Kingdom-United States Air Services Agreement, 1977 — The law of England

Treaties — In general — Conception and function of treaties — Regulation of international air transport — United Kingdom-United States Air Services Agreement, 1977 — Procedure for designation of national airlines — Effect of treaty upon municipal law — The law of England

Treaties — Conclusion and operation of — Effect of treaties on third parties — Whether treaty can create rights and obligations enforceable in municipal courts — Bilateral treaty regulating international air transport — Whether party to private dispute can rely on treaty in municipal court — The law of England

International law in general — Relation to municipal law — United Kingdom–United States Air Services Treaty, 1977 — Regulation of international air transport — Antitrust proceedings in United States court — Application for stay of proceedings in the United Kingdom — Governmental policy that application of United States antitrust laws contravened Treaty — Whether Treaty could create rights and obligations enforceable in municipal courts — Relevance of governmental policy in exercise of discretion to grant injunction — Further considerations — Absence of alternative forum — Territorial scope of United States antitrust laws — Whether foreign proceedings unconscionable — Ministerial directions prohibiting party from compliance with foreign court's requirements — Whether judicial review of ministerial orders in the sphere of international relations appropriate — The law of England