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Inter-Science Research and Development Services (Pty.) Ltd. v. Republica Popular de Mocambique

South Africa.  18 December 1979 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Sovereign immunity — Foreign State and State-owned companies — Land survey company nationalized and integrated into foreign State — Sub-contract concluded before nationalization — Action by sub-contractor for damages — Acts iure imperii and iure gestionis — Whether restrictive or absolute theory of sovereign immunity to be applied — Attachment of property of foreign State

International law in general — Relation to municipal law — Whether international law part of the law of South Africa — Principles of international law conflicting with South African legislation or with common law

Recognition — Of States and governments — Whether exclusively within the prerogative of the Executive — Conclusive character of Executive certificate — Practice of the courts — The law of South Africa

Type
Case Report
Copyright
© Cambridge University Press 1983

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