Ex parte Mwenya.

Abstract

States as international persons — Sovereignty and independence — Conclusiveness of statements of Executive — As to status of territory — Protectorate of Northern Rhodesia — Whether foreign territory for purpose of issue of writ of habeas corpus by, English High Court.

Jurisdiction — Territorial limits of — Jurisdiction of English High Court to issue writ of habeas corpus into protectorate — Whether writ will issue to protect British national in foreign State — Trespass on sovereignty of foreign State — Principle of effectiveness.

States as international persons — Dependent States — Protectorates — Relationship to protecting State — Northern Rhodesia — Whether a “foreign dominion” of British Crown — Whether foreign territory for purpose of issue of writ of habeas corpus by English High Court — Sovereignty — Divisibility of — Variable nature of protectorates — Compared with colony or territory acquired by conquest.