KJ International and Others v. MV Oscar Jupiter (Compania de Navigatie Maritime “Romline” SA and Others Intervening)

Abstract

State immunity — Jurisdictional immunity — Commercial transaction exception — Possession of Romanian Government-owned merchant ship transferred for commercial use to Moldovan Government as part of aid agreement — Possession of ship subsequently transferred by Moldovan Government to commercial entities which then operated ship — Wages of crew remaining unpaid for long period — Crew claiming that ship should be sold to satisfy claim for unpaid wages — Romanian Government claiming jurisdictional immunity — Distinction between “commercial transaction” and “commercial purpose” — Whether chartering of ship by third party a “commercial transaction” attributable to Romanian Government — Whether transfer of ship by Romanian Government to Moldovan Government a transaction with a “commercial purpose” — Whether ship to be sold to satisfy crew’s claim — The law of South Africa