Khawar Qureshi QC provides an overview of the key public international law cases before the English courts in 2020
- EU treaty and ICSID treaty obligations.
- The scope of diplomatic immunity.
- The English courts’ approach to International Court of Justice advisory opinions.
- Recognition of foreign heads of state.
- UN and EU sanctions issues.
- The ‘commercial exception’ to state immunity.
In 2020, there were 31 reported cases involving issues of public international law. The main themes were the scope of diplomatic immunity, the operation of the ‘commercial exception’ to state immunity pursuant to the State Immunity Act 1978 (SIA 1978), and cases relating to the interpretation of UN/EU economic sanctions, as well as the approach of the English court to International Court of Justice (ICJ) advisory opinions. There was also a highly politically charged dispute concerning the recognition of the head of a foreign state.
EU treaty & ICSID treaty obligations
In the case of Micula and others v Romania (European Commission intervening) [2020] UKSC 5, [2020] All ER (D) 112 (Feb) (19 February 2020),
