Ukraine v. The Law Debenture Trust Corporation Plc

Abstract

Recognition — States — Legal personality of a State under English law — Whether recognized as a State by United Kingdom Government — Whether Ukraine having capacity to issue bonds — Bond issuance illegal under Ukrainian law

Relationship of international law and municipal law — Dealings between sovereign States — Governments — Rule of non-justiciability of dealings between sovereign States in English courts — Public policy exception — Whether public policy exception applicable — Duress — Whether defence of duress justiciable — Jus cogens — Use of force — Russia — Threat of force — Relationship of jus cogens with municipal law

Reprisals and countermeasures — Countermeasures — Ukraine — Russia — Violation of territorial sovereignty — Whether non-repayment of bonds justified as a proportionate countermeasure — Whether doctrine of countermeasures recognized under domestic law — Relationship of international law and municipal law — The law of England