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Belhaj and Boudchar v. Straw and Others
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Jurisdictional immunity — Whether State indirectly impleaded — Action in English courts against United Kingdom government departments and officials — Action requiring English court to decide whether acts allegedly performed by foreign States unlawful — Whether foreign States indirectly impleaded — Whether State immunity applicable — State Immunity Act 1978 — United Nations Convention on Jurisdictional Immunities of States and their Property, 2004 — Relationship between act of State doctrine and State immunity
Relationship of international law and municipal law — Act of State and non-justiciability — Nature of act of State doctrine — Limitations on doctrine — Public policy — International law — Grave violations of human rights — Whether doctrine applicable to alleged acts of abduction and torture — Whether doctrine applicable to acts allegedly carried out by officials of one State towards nationals of another State outside the territory of the first State — Whether relevant acts possessing sovereign character — Relationship between act of State doctrine and State immunity
Human rights — Enforcement — Proceedings in national courts — Justiciability — Prohibition of torture — Prohibition of arbitrary detention — Proceedings against United Kingdom government departments and officials — Allegations of complicity in unlawful rendition and treatment — Whether justiciable — The law of England
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- © Cambridge University Press 2015