General Dynamics United Kingdom Ltd. v. State of Libya [2021] UKSC 22, [2021] 3 WLR 231
Bibliographic Data
| ID | 9543182 |
|---|---|
| Authors | Christopher Harris (0009-0005-6850-8884, corresponding author), Cameron Miles |
| Year | 2022 |
| Volume | 116 |
| Issue | 1 |
| Pages | 157-163 |
| Publication date | 2022-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/ajil.2021.67 |
| OpenAlex | W4206470490 |
| Language | EN |
The decision of the Supreme Court of the United Kingdom in General Dynamics United Kingdom Ltd. v. State of Libya 1 (General Dynamics) concerned the interaction between the Civil Procedure Rules 1998 (Procedure Rules) 2 and the State Immunity Act 1978 (Immunity Act), 3 in light of the international law of state immunity. The question for the Supreme Court was which took priority. The answer-by a three to two margin-was the Immunity Act. Of particular interest from the perspective of public international law is: first, the majority's recourse to the animating principles of state immunity to ground its reasoning; and second, the rejection by both the majority and minority of Libya's argument that a provision of the Immunity Act reflected a rule of customary international law
Kingdom · Political science · State (computer science · Geology · International Arbitration and Investment Law · Land Use and Management · Legal Studies and Reforms · Mathematics
| Highly cited | No |
|---|