FG Hemisphere Associates LLC v. Democratic Republic of the Congo and Others

Abstract

State immunity — Immunity from jurisdiction and execution — Arbitration award — Enforcement against monies owed to respondent State — Doctrine of restrictive immunity — Whether part of law of the Hong Kong Special Administrative Region — People’s Republic of China resuming sovereignty over Hong Kong on 1 July 1997 — Hong Kong inalienable part of People’s Republic of China — Government of People’s Republic of China responsible for foreign affairs of Hong Kong under Article 13 of Basic Law — People’s Republic of China adhering to doctrine of absolute immunity — Democratic Republic of Congo submitting to arbitration — Whether Democratic Republic of Congo waiving right to State immunity

Relationship of international law and municipal law — Restrictive immunity doctrine — Whether part of customary international law — Whether widespread practice and belief to be legally obligatory — Whether part of common law by incorporation — Whether conflicting with municipal law — The law of Hong Kong Special Administrative Region