United States of America v. Nolan

Abstract

State immunity — Jurisdictional immunity — Failure to plead State immunity when required — Whether State immunity requiring domestic legislation to be inapplicable where a claim of State immunity may be relevant — Distinction between concepts of immunity and jurisdiction

Jurisdiction — Territorial — Whether United Kingdom legislating extraterritorially — United States military base in United Kingdom — United States dismissing civilian employees from base without consulting employee representatives — Obligation to consult under Section 188(1) of Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”) — Whether applicable to military base — United States acting in a jure imperii capacity — Whether exempted from obligation to consult — Whether United States breaching Section 188(1) of TULRCA as amended by 1995 Regulations

Relationship of international law and municipal law — Treaties — European Communities Act 1972 — TULRCA amended by 1995 Regulations — Implementation of EU Directive on Collective Redundancies — Construction of TULRCA — Obligation to consult — Whether applicable to military base — Whether applicable to jure imperii activity — Whether TULRCA consistent with principles of international law — Principle of international law that one State not legislating so as to affect jure imperii activity of another State — Applicability of principle of non-discrimination under international law and European Union law — 1995 Regulations extending beyond requirements of European Union law — Whether 1995 Regulations ultra vires Section 2(2) of European Communities Act 1972 — Whether United States breaching Section 188(1) of TULRCA as amended by 1995 Regulations — The law of the United Kingdom