Hostname: page-component-cd9895bd7-gvvz8 Total loading time: 0 Render date: 2024-12-23T17:37:03.806Z Has data issue: false hasContentIssue false

J H Rayner (Mincing Lane) Ltd. v. Department of Trade and Industry and Others

England.  24 June 1987 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International organizations — Personality — Concept of international legal personality — Whether excluding liability of members for obligations incurred by the organization — Differences between constitutions of different international organizations — Sixth International Tin Agreement, 1982 — Legal personality of international organizations in English law — International Organizations Act 1968 — International Tin Council-United Kingdom Headquarters Agreement, 1972 — International Tin Council (Immunities and Privileges) Order 1972 — Provision that Council should have the legal capacities of a body corporate — Whether equivalent to conferring status of a body corporate for certain purposes — Whether excluding liability of members for obligations incurred by the Council — Nature of contracts concluded by Council — Whether Council acting as agent for its members

International organizations — Constitutions — International Tin Council — Whether Council controlled by representatives of its members — Whether Council thus acts as agent for its members — Terms of contracts concluded by Council

International organizations — Immunity — Jurisdictional immunity — Scope and extent — Whether members of organization benefit from provisions of municipal law conferring immunity upon organization

State immunity — Jurisdictional immunity — Burden of proof — Whether plaintiff required to prove that State not entitled to immunity — Standard of proof — State Immunity Act 1978

Relationship of international law and municipal law — Treaties — Application by municipal courts — Whether municipal court may enforce obligations of States derived from treaty — Whether rights and duties of parties to treaty establishing international organization justiciable in the courts of one of them — Whether treaty capable of conferring private rights — Act of State and justiciability — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1980

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)