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Lonrho Exports Limited v. Export Credits Guarantee Department
Published online by Cambridge University Press: 01 January 2021
Abstract
Claims — Diplomatic protection — Claim by State on behalf of creditors affected by exchange control restrictions imposed by debtor State — Whether claimant State acting as agent for creditors or pursuing own claim
Economics, trade and finance — External debts — Rescheduling agreements concluded through the Paris Club — State facing critical shortage of foreign exchange — Paris Club multilateral agreement — Bilateral agreements between debtor State and creditor State — Nature of agreements
Relationship of international law and municipal law — Conduct of foreign relations — United Kingdom — Crown conducting foreign relations by exercise of royal prerogative — Crown espousing claims of citizens — Whether acting as their agent — Presumption against trustee or agency relationship — Treaties — Effect in English law — Whether capable of conferring rights or imposing obligations — Money received by Crown under treaty — Whether held on trust — Relationship between Executive and courts in matters of foreign relations — Court required to be circumspect in matters of foreign affairs
Treaties — Effect in municipal law — United Kingdom — Treaties not incorporated into English law — Whether courts permitted to interpret such treaties — Whether unincorporated treaties creating rights or duties — The law of England
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- © Cambridge University Press 1998