Your email address will not be published. Further, the court’s confirmation that any such waiver extends only to the adjudicative function of the court and not to any subsequent enforcement action constitutes an important practical limitation. Required fields are marked *, You may use these HTML tags and attributes:

. All Rights Reserved.date: 08 October 2020. This post is part of the following categories: Sovereign Immunity/State Immunity, State Immunity. Sorry, your blog cannot share posts by email.

Among the Law School's unique strengths are an extensive network of interdisciplinary Duke Law Journal Login via your For further information, please contact Andrew Cannon, Partner, Hannah Ambrose, Professional Support Lawyer, or your usual Herbert Smith Freehills contact. In his judgment, Henderson J considered that once Pakistan had waived its immunity by bringing the action against the Bank in 2013, its submission to jurisdiction extended to all decisions made concerning those proceedings, which it could reasonably have predicted. This item is part of JSTOR collection Waiver for the entirety of the proceedings. However, the Court took the opportunity to examine whether Pakistan’s conduct in the proceedings had amounted to a waiver of immunity under s.2 of the 1978 Act with respect to the Interested Parties as well as the Bank. 1. Your email address will not be published. (c) Oxford University Press, 2015.
Hyderabad was annexed to India shortly thereafter, and the ownership of the money was disputed. Although the discussion was obiter, the Court has provided some useful guidance on an area of law that has seen limited judicial consideration. In 1948, during the period following the end of British rule in what is now India, Pakistan and Bangladesh, £1million was transferred by the Prince of the then-independent state of Hyderabad to the Bank, and it was placed into an account opened in the name of the High Commissioner of Pakistan (a Mr Rahimtoola). (s. 12).

What are the ‘archives and documents of the mission’? JSTOR is part of ITHAKA, a not-for-profit organization helping the academic community use digital technologies to preserve the scholarly record and to advance research and teaching in sustainable ways.

For terms and use, please refer to our Terms and Conditions Please. The Court found both in the affirmative. initiatives addressing global and international issues. legal profession. Practice: permitted contents of the diplomatic bag, Practice: the scanning of diplomatic bags, Practice: manifest abuse or threat to human life, Work of the International Law Commission on the diplomatic bag, Work of the International Law Commission on diplomatic couriers, Subsequent practice: protection against attack, Subsequent practice: liability to arrest or detention, Modern practice: scope of immunity from jurisdiction, Modern practice: diplomatic immunity and State immunity, Modern practice: effect of immunity on insurance. In that case, the Australian Court found that the State of Australia could not be considered to waive immunity with respect to new claims if it “would not have waived its immunity if such an allegation had been included in the original application”. A waiver of jurisdictional immunity requires proof that the foreign state “explicitly submits to the jurisdiction of the court by written agreement” (s. 4). It remains to be seen whether Pakistan will appeal, and so give a higher court an opportunity to provide further guidance. This indicates that predictability is to be considered in light of the State’s knowledge of the claim when it first decided to waive immunity. The presiding judge, Margo J, said that it must be accepted that the rule of international law on sovereign immunity which prevails today is that reflected in the restrictive doctrine; international law forms part of our law; and there is no statute or principle of South African law in conflict with the doctrine. Although Duke University is young by comparison to other major American universities, collaboration across the Duke campus and an emphasis in teaching and research institutions through teaching, research, and other forms of public service. This term is not defined in the judgment, though the Court considered on the facts of the case that, given the history of the dispute, it was “entirely predictable” that the Bank would seek to interplead the Interested Parties. International law and international relations, Relationship between international and domestic law, Sources, foundations and principles of international law, Statehood, jurisdiction of states, organs of states, Middle Eastern Organizations/Institutions, Table of International Treaties and Conventions, Members of the family forming part of the household, The successive stages of the diplomatic embrace, Other limits to the functions of a diplomatic mission, 1 Where a distinction is to be drawn between functions of a mission and personal activities of its members, 2 Where a distinction is to be drawn between diplomatic functions and commercial activities, 3 Where the function in question is a novel one, ‘protecting in the receiving State the interests of the sending State and of its nationals’, Involvement in terrorist or subversive activities, Notification of Staff Appointments and Movements, Offices Away from the Seat of the Mission, Commencement of Functions and Precedence of Heads of Mission, Reduction in the classes of head of mission, Precedence of the representative of the Holy See, Functions of the doyen of the diplomatic corps, Precedence among members of the diplomatic staff, Need for appointment of a chargé d’affaires, Notification of the appointment of a chargé d’affaires, Negotiating history: emergency on the premises of the mission, Subsequent practice: abstention from enforcement on premises, Immunity from jurisdiction of the sending State, Prevention of disturbance of the peace of the mission or impairment of its dignity: demonstrations, Commencement and termination of inviolability of premises, Exemption of Mission Premises from Taxation, Taxes which ‘represent payment for specific services rendered’.

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