Italian State v. X and Court of Appeal of the Canton of the City of Basle

Abstract

State immunity — Jurisdictional immunity — Dispute over moveable property — Distinction between sovereign and non-sovereign activities — Property right of foreign State based on public law — Legislation for the protection of objects of historical interest — Whether foreign State immune from claim for return of property

States — Sovereignty and independence — In foreign relations — Request for mutual assistance by foreign State — European Convention on Mutual Assistance in Criminal Matters, 1959 — Article 6(2) — Duty to return property handed over as soon as possible — Proceedings instituted by individual in requested State for return of property — Whether requesting State entitled to immunity from jurisdiction

Relationship of international law and municipal law — Recognition and enforcement of foreign laws — Public law of foreign State — Whether application of such law by municipal courts is admissible — Whether courts may take foreign public law into account — The law of Switzerland