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Regina v. Secretary of State for Foreign and Commonwealth Affairs, ex parte, Kamrudin Pirbhai, Chimanbhai Shivabhai Amin and Vrajlal Jamnadas Vasant

United Kingdom, England.  07 September 1984 ; 15 October 1985 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Claims — Local remedies rule — Expropriation — Applicants seeking compensation — Whether claims to be pursued on governmental or individual basis — Ugandan Government requiring exhaustion of local remedies — Whether requirement according to international law — Whether Secretary of State misdirecting himself as to international law

Diplomatic relations — United Kingdom Government breaking off relations with Uganda in July 1976 — Efforts in pursuing diplomatic claims suspended — Restoration of diplomatic relations in April 1979 — Resumption of efforts regarding claims

Governments — Fundamental change of government — Overthrow of President Amin's Government in Uganda — Overthrow of President Obote's Government — Assurances from new Government of Uganda that it would honour commitments regarding compensation to British nationals — Establishment of stable administration to advantage of claimants — Requirement of time — Whether change of situation rendering appeal irrelevant

Relationship of international law and municipal law — Conduct of foreign relations — Decision of Secretary of State not to pursue claims for compensation on government-to-government basis — Decision concerning United Kingdom Government’s conduct of international relations — Exercise of prerogative power — Whether reviewable by courts — Ramifications for international relations demanding extreme caution — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1997

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