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Thor Shipping A/S v. The Ship Al Duhail
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Head of State immunity — Head of State acting in private capacity — Scope of immunity — Foreign States Immunities Act 1985 (Cth) — Diplomatic Privileges and Immunities Act 1967 (Cth) — Treatment of Head of State immunity based on approach taken in State Immunity Act 1978 (UK) — Decision of House of Lords in Pinochet (No 3) — Relevance — Australian and United Kingdom Acts virtually identical in practical effect — Acts of Head of State in private capacity regulated by Diplomatic Privileges and Immunities Act 1967 (Cth) following United Kingdom example — Vienna Convention on Diplomatic Relations, 1961, Articles 31 and 39 — Whether exceptions to immunity applicable — Whether geographical limitation on diplomatic immunity
Relationship of international law and municipal law — Vienna Convention on Diplomatic Relations, 1961 — Articles 31 and 39 — Diplomatic Privileges and Immunities Act 1967 (Cth) and Diplomatic Privileges Act 1964 (UK) giving legal effect to relevant provisions of Vienna Convention — The law of Australia
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- © Cambridge University Press 2011