Chapter

Execution of State Property: United Kingdom Practice<sup>*</sup>

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0024
Execution of State Property: United Kingdom Practice*

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This chapter deals with attitudes in the United Kingdom to the attachment or execution of state property pursuant to a judicial ruling by a Court. It is divided into two parts: the first covers the attitude and practice of the United Kingdom with regard to the attachment or execution of foreign state property within the former’s jurisdiction. The second comments on the attitude and practice of the United Kingdom government to attachment or execution of its property located within the jurisdiction of foreign states. It is only very recently that the English Courts have moved away from a doctrine of absolute immunity in respect of claims made against foreign sovereigns. The United Kingdom has only just become a party to either of the major international treaties that touch on important aspects of state immunity. The United Kingdom has taken the position — even prior to the passing of the State Immunity Act of 1978 and prior to its stated intention to ratify the European Convention on State Immunity — that it would pay judgment debts.

Keywords: United Kingdom; state property; State Immunity Act; judicial ruling; jurisdiction; foreign states; absolute immunity; treaties; judgment debts; state immunity

Chapter.  9773 words. 

Subjects: Public International Law

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