Maclaine Watson & Co Ltd v. Department of Trade and Industry J H Rayner (Mincing Lane) Ltd v. Department of Trade and Industry and Others, and Related Appeals

Title: Maclaine Watson & Co Ltd v. Department of Trade and Industry J H Rayner (Mincing Lane) Ltd v. Department of Trade and Industry and Others, and Related Appeals

Description:

International organizations — Personality — Concept of international legal personality — Whether organization a legal entity distinct from its members — Whether personality of organization excludes liability of members for obligations incurred by the organization — Whether general principle that members incur concurrent or secondary liability for debts of organization in absence of provision excluding or limiting liability — International Tin Council — Sixth International Tin Agreement, 1982 — Comparison with constitutions of other international organizations — Whether International Tin Council contracted as agent for its members — 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 conferring status of a body corporate in English law — Whether a recognition of 48Council's international legal personality — Whether English courts entitled to consider Sixth International Tin Agreement to determine scope and nature of Council's personality in international law International organizations — Constitutions — International Tin Council — Whether Council controlled by its members — Whether a separate entity from its members — Whether Council contracted as agent for its members International organizations — Immunity — Jurisdictional immunity — Scope and extent — Whether members of organization benefit from provisions of municipal law conferring immunity upon organization — Allegation that members liable concurrently with organization — Whether immunity of organization would prevent action against members Relationship of international law and municipal law — Act of State and justiciability — Doctrine of non-justiciability in English law — Scope and extent — Principle that unincorporated treaties cannot change English law — Principle that English courts cannot enforce an unincorporated treaty — Act of State doctrine — Principle that English courts will not sit in judgment upon transactions between sovereign States — Relationship between the different principles of act of State and non-justiciability — Relationship between act of State and non-justiciability and principles of sovereign immunity Relationship of international law and municipal law — Custom — Whether part of the law of England — Extent to which English courts may apply rules of international law — Uncertain state of rules in question — Role of the English courts in determining content of international law — Treaties — Application by municipal courts — Treaty not incorporated into municipal law by legislation — Whether municipal court may enforce obligations of States derived from treaty — Whether municipal courts may refer to treaty establishing international organization in order to establish nature of organization's personality in international law Sources of international law — Customary international law — State practice — Treaties — Treaties establishing international organizations — Significance of presence in certain treaties of provisions excluding liability of members for debts of organization — Writings of publicists 49State immunity — Jurisdictional immunity — Entitlement to sovereign immunity at common law — European Economic Community — Whether entitled to immunity analogous to that conferred upon foreign States — Whether treaties constituting the Community require Member States to accord immunity — Commercial transactions — Exception to immunity for proceedings relating to commercial transactions — Whether extending to proceedings against State in respect of contract concluded by international organization — Obligations of State to be performed in the United Kingdom — State Immunity Act 1978, Section 3(l)(a) and (b) — Relationship between State immunity and immunity of international organizations — Relationship between principles of State immunity and act of State and non-justiciability States — Entities claiming sovereign status — European Economic Community — Whether exercising functions equivalent to those of a State — Whether entitled to immunities analogous to those accorded to foreign States — Recognition of entitlement to immunity — The law of England.