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Civil Aeronautics Administration v. Singapore Airlines Limited
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — States — Entitlement to claim State immunity — Whether recognition by the government of the forum State a prerequisite to entitlement to State immunity — Taiwan — Singapore State Immunity Act 1985 — Section 18 — Certificate by Ministry of Foreign Affairs conclusive evidence of whether or not defendant a State — Ministry declining to issue certificate in respect of department of the Government of Taiwan — Whether conclusive evidence that Taiwan not a State for purposes of State immunity — Whether Court entitled to enter into own examination of the question of statehood
States — Recognition — Declaratory and constitutive theories of recognition — Implied recognition — Requirement that acts be undertaken with intention of recognition — Taiwan — Whether recognized as a State by Singapore — Singapore’s “one-China” policy
Relationship of international law and municipal law — Statehood — Whether foreign entity a State under international law — Whether question within the exclusive preserve of the executive — The law of Singapore
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