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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

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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

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