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Kuwait Airways Corporation v. Iraqi Airways Company and the Republic of Iraq

United Nations Human Rights Comm.  09 July 1998 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Expropriation — Territorial limitations — Dissolution of corporation and transfer of assets — Iraqi invasion and annexation of Kuwait — Purported dissolution by Iraq of Kuwaiti company and transfer of assets to Iraqi company — Whether effective to transfer title — Whether to be recognized by courts of third country as determining title to property moved to Iraq before date of decree

Governments — De facto governments — Occupation of territory in armed conflict — Purported annexation of territory — Iraqi occupation and annexation of Kuwait — Whether Iraq to be regarded as de facto government of Kuwait during occupation — Significance of international condemnation of occupation and annexation

International organizations — United Nations — Security Council — Effect of Security Council resolutions — Resolutions adopted under Chapter VII of the United Nations Charter — Effects before courts of Member State — Security Council resolutions regarding Iraqi invasion of Kuwait — Duty on States not to recognize annexation of Kuwait or related Iraqi actions — Duty of Iraq to rescind legislation on annexation of Kuwait

Recognition — Of governments — United Kingdom practice — 1980 declaration that United Kingdom Government would no longer recognize governments — Application by courts in the United Kingdom — Position where United Kingdom Government makes unequivocal statement that it does not recognize a regime — United Kingdom non-recognition of Iraqi claims to Kuwait — Whether English courts precluded from treating Iraq as de facto government of Kuwait during occupation

Relationship of international law and municipal law — Act of State and non-justiciability — Nature of act of State doctrine — Whether separate principle of non-justiciability — Whether there are circumstances in which English courts entitled to inquire into compatibility of acts of a foreign sovereign with international law — Public policy — Whether public policy including considerations of international law — Relevance of United Nations Security Council resolutions determining that acts of foreign sovereign involve serious breaches of international law

States — Existence of State — Occupation of entire territory of State followed by annexation — Whether State ceasing to exist — Kuwait — Iraqi annexation in 1990 — Rescission of annexation in 1991

War and armed conflict — Occupation — Iraqi occupation of Kuwait — Illegality — Invalidity of measures taken by Iraq to annex Kuwait and take property of Kuwaiti State corporations — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2000

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