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Williams and Humbert Ltd. v. W. & H. Trade Marks (Jersey) Ltd. Rumasa S.A. and Others v. Multinvest (U.K.) and Others

England.  19 December 1984 ; 03 April 1985 ; 12 December 1985 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Relationship of international law and municipal law — Recognition and enforcement of foreign law — Grounds for refusal of recognition — Legislation contrary to human rights — Penal and revenue laws — Legislation providing for expropriation of property — Expropriation of shares in company — Company seeking to bring claim in England after expropriation — Whether English courts thereby asked to enforce expropriatory legislation — Act of State — Whether English courts will question the motives and good faith of foreign government

Expropriation — Discriminatory — Whether expropriation measure directed against particular individuals contrary to international law — General international acceptance of expropriation — Property situated outside expropriating State — Expropriation of shares in company incorporated in expropriating State — Effect on company's assets in other States

Human rights — Enforcement by national courts — Non-enforcement of foreign law which is contrary to human rights

Jurisdiction — Extraterritorial — Expropriation of shares in company — Effect on company's assets in another State — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1987

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