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McElhinney v. Williams and Her Majesty’s Secretary of State for Northern Ireland
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Jurisdictional immunity — Tort — Whether immunity applicable in respect of alleged assault within jurisdiction by foreign soldier — Alleged attempt by soldier to fire gun at plaintiff — Restrictive doctrine of immunity — Whether relevant act governmental in character — Whether exception to sovereign immunity exists in respect of torts committed by foreign States within the jurisdiction — Reciprocity
Relationship of international law and municipal law — Statutes — State immunity — Whether domestic statutes can be regarded as evidence of rules of international law — Domestic statutes establishing exception to sovereign immunity in respect of torts committed within jurisdiction — Whether domestic provisions evidence or establish such an exception under international law — The law of Ireland
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- © Cambridge University Press 1997