Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-11-26T16:27:22.598Z Has data issue: false hasContentIssue false

Condor and Filvem v. Minister of Justice

Italy.  15 July 1992 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

State immunity — Attachment and execution — Criteria for determining which assets immune from attachment and execution — Property not specifically designated for fulfilment of sovereign functions — Ship owned by foreign State company — Whether liable to attachment to secure payment of debts guaranteed by foreign State — Principles of customary international law governing immunity of assets of foreign States from enforcement jurisdiction in forum State — Distinction between jurisdictional immunity and immunity from execution — Distinction between immunity from execution and immunity from attachment

State immunity — Attachment and execution — Requirement of ministerial authorization — Legality — Property not specifically designated for fulfilment of sovereign functions — Italian Law No 1263 of 1926 — Whether authorization requirement violating constitutional right of individuals to judicial protection — Italian Constitution, Article 24

States — Conduct of foreign relations — Foreign policy interest of executive in preserving good relations with other States — Whether justifying curtailment of constitutional right of individuals to judicial protection — Rule requiring ministerial authorization for judicial enforcement against property of foreign States in forum State — Alternatives available to executive in order to avoid damage to its foreign relations — The law of Italy

Type
Case Report
Copyright
© Cambridge University Press 1995

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)