Part II Jurisdiction of Courts and Acts of State, 4 Whose Act of State?

Subject(s):

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

Chapter 4 shows that public international law governs the issue of attribution of conduct to states and international organizations and explains the direct application of public international law to this issue. It deals with the issue of attribution of conduct from a private international law perspective, which is key for deciding whether an act of state doctrine or jurisdictional immunities apply. It also reviews the two approaches the English courts have adopted to the issue of attribution: the first approach is the application of English law and the second approach is the application of public international law. The chapter presents the lex fori approach to the issue of attribution of conduct and the public international law approach. It emphasizes that the public international law approach should be preferred because it is more in line with the reasons for the existence of the act of state doctrines and jurisdictional immunities.