Shearson Lehman Brothers Inc. and Another v. Maclaine Watson & Co. Ltd. and Another and International Tin Council (Intervener) (No. 2)

Abstract

International organizations — Immunity — Inviolability of archives — Definition of archives — Whether documents relating to commercial activities of organization included — Extent of inviolability — Whether capable of precluding use of archive material in action between private parties in court — Whether extending to documents already in public domain — Documents emanating from international organization but communicated to members — Documents disclosed by officers or employees of organization — Whether authority of officer or employee significant — Juan Ysmael principle — Whether applicable to claim of inviolability in respect of documents — Whether organization must do more than show a prima facie case — International Tin Council (Immunities and Privileges) Order 1972 — International Tin Council-United Kingdom Headquarters Agreement, 1972

International organizations — officials — Authority to act on behalf of organization — Ostensible authority — Scope — Whether official authorized to approach persons on a particular subject authorized to communicate documents

International organizations — Personality — Whether organization a person distinct from its members for purposes of conduct of its own affairs — Documents — Whether document communicated by organization to member ceases to be property of organization — Sixth International Tin Agreement, 1982

Diplomatic relations — Immunity — Inviolability of archives — Comparison between rules relating to archives of a diplomatic mission and rules relating to archives of an international organization — Vienna Convention on Diplomatic Relations, 1961 — Diplomatic Privileges Act 1963 — International Organizations Act 1968 — The law of England