Her Majesty the Queen in Right of Canada v. Edelson and Others

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