General Dynamics United Kingdom Ltd. v. State of Libya [2021] UKSC 22, [2021] 3 WLR 231

The decision of the Supreme Court of the United Kingdom in General Dynamics United Kingdom Ltd. v. State of Libya1 (General Dynamics) concerned the interaction between the Civil Procedure Rules 1998 (Procedure Rules) and the State Immunity Act 1978 (Immunity Act), in light of the international law o...

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Bibliographic Details
Published in:The American journal of international law 2022-01, Vol.116 (1), p.157-163
Main Authors: Harris, Christopher, Miles, Cameron
Format: Article
Language:English
Subjects:
Arbitration
Civil procedure
Enforcement
Human rights
Immunity from prosecution
International Decisions: Edited By Julian Arato
International law
Jurisdiction
Supreme courts
Online Access:Get full text
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Summary:The decision of the Supreme Court of the United Kingdom in General Dynamics United Kingdom Ltd. v. State of Libya1 (General Dynamics) concerned the interaction between the Civil Procedure Rules 1998 (Procedure Rules) and the State Immunity Act 1978 (Immunity Act), 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.
ISSN:0002-9300
2161-7953
DOI:10.1017/ajil.2021.67