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Condor and Filvem v. Minister of Justice
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Attachment and execution — Criteria for determining which assets immune from attachment and execution — Property not specifically designated for fulfilment of sovereign functions — Ship owned by foreign State company — Whether liable to attachment to secure payment of debts guaranteed by foreign State — Principles of customary international law governing immunity of assets of foreign States from enforcement jurisdiction in forum State — Distinction between jurisdictional immunity and immunity from execution — Distinction between immunity from execution and immunity from attachment
State immunity — Attachment and execution — Requirement of ministerial authorization — Legality — Property not specifically designated for fulfilment of sovereign functions — Italian Law No 1263 of 1926 — Whether authorization requirement violating constitutional right of individuals to judicial protection — Italian Constitution, Article 24
States — Conduct of foreign relations — Foreign policy interest of executive in preserving good relations with other States — Whether justifying curtailment of constitutional right of individuals to judicial protection — Rule requiring ministerial authorization for judicial enforcement against property of foreign States in forum State — Alternatives available to executive in order to avoid damage to its foreign relations — The law of Italy
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