Maclaine Watson & Co Ltd v. International Tin Council

Abstract

International organizations — Personality — Concept of international legal personality — Rights of international organization against its members — Whether justiciable in a municipal court — Whether creditor entitled to appointment of a receiver by way of equitable execution over assets of organization — Assets of organization said to include right to be indemnified by its members — Legal basis of right — International Tin Council — Sixth International Tin Agreement, 1982 — International Tin Council-United Kingdom Headquarters Agreement, 1972 — International Tin Council (Immunities and Privileges) Order 1972

Relationship between international law and municipal law — Act of State and justiciability — Doctrine of non-justiciability in English law — Scope and extent — Act of State doctrine — Principle that English courts will not sit in judgment upon transactions between sovereign States — Principle that English courts cannot enforce rights between parties to an unincorporated treaty — Relationship between different principles of act of State and non-justiciability — Relationship between act of State and non-justiciability and principles of sovereign immunity — Whether principle that English courts will not adjudicate upon transactions between sovereign States applies to commercial transactions of States — Treaties — Application by municipal courts — Treaty not incorporated into municipal law — Whether municipal court may enforce obligations of States derived from treaty

State immunity — Jurisdictional immunity — Exception to immunity for proceedings relating to State's membership of unincorporated body which has members other than States — Whether applicable to proceedings relating to membership of body whose only members are States and the European Economic Community — The law of England