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Wilhelm Finance Inc. v. Ente Administrador del Astillero Rio Santiago
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — State Immunity Act 1978 — Meaning of “a State” and “a separate entity” — Separate entities capable of suing and being sued, and distinct from the executive organs of government — Acta jure imperii and acta jure gestionis — Whether creation of entity by a State indicative of entity being organ of that State — Relevance of intent of State in creating entity — Whether status and separate legal personality under entity’s home State’s law decisive — Significance of entity’s constitution, functions, powers and activities — Whether hierarchical dependence on Executive Power, and need for Executive Power to act as guarantor for entity in bank guarantees indicative of entity’s status as organ of State — Service out of jurisdiction — Substituted service — Whether permissible
Relationship of international law and municipal law — State Immunity Act 1978 — Section 14 — States entitled to immunities and privileges — Section 12 — Service of process and judgments in default of appearance — The law of England
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- © Cambridge University Press 2016