Edwards v. BV Bureau Wijsmuller Scheepvaart Transport-en Zeesleepvaart-maatschappij

Abstract

State immunity — Jurisdictional immunity — Public official of foreign State — Captain of warship — Tort — Authorization by captain for performance of salvage work — Allegation that captain exceeded his authority — Whether captain entitled to immunity as official of foreign State — Whether captain’s action constituting sovereign or non-sovereign activity — Whether captain entitled to immunity under NATO Status of Forces Agreement, 1951

Sea — Territorial waters — Breadth and delimitation of maritime belt — Baselines — Baseline from which territorial waters measured — Application of principles established by International Court of Justice

Relationship of international law and municipal law — Treaties — Effect in municipal law — Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil and Commercial Matters, 1965, Article 13 — Whether Convention permitting foreign State to refuse service of writ on State official — Whether refusal by State to allow service of writ on State official nullifying writ under national law — The law of the Netherlands