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In re The Charkow
Published online by Cambridge University Press: 01 January 2021
Abstract
Sovereign immunity — Foreign States, State-owned corporations and Public Ships — Soviet State shipping organisation — Legal status — Whether entitled to jurisdictional immunity — Whether endowed with independent legal personality — Relevance of Soviet State — monopoly of trade and commerce — Claim arising from collision at sea — Immunity of Soviet merchant vessel from attachment — Status of Soviet merchant fleet — Activities iure imperii and iure gestionis — Classification according to municipal law — Whether State shipping organisation has legal capacity to be a party to proceedings — Applicable law — The law of the Federal Republic of Germany
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