Part II Jurisdiction of Courts and Acts of State, 3 Jurisdictional Immunities and Foreign Acts of State

Subject(s):

Tort/delict — Jurisdiction and the English courts — Jurisdictional immunities — Recognition and enforcement of foreign judgments

Chapter 3 deals with certain issues that are raised by tortious claims arising out of the external exercise of British executive authority in cooperation with other states or under the auspices of international organizations. It covers the nature and operation of the foreign act of state doctrine. It also shows that the first and second rules of the foreign act of state doctrine preclude the adjudication of certain issues under the foreign applicable law by limiting the subject-matter jurisdiction of English courts. The chapter explains that the third rule of the foreign act of state doctrine allows English courts not to exercise subject-matter jurisdiction and to take into account a range of factors for this purpose. It highlights the application of jurisdictional immunities to foreign states and international organizations.