Khawar Qureshi KC looks back on the key public international law cases before the English courts in 2022
- The ‘commercial purposes exception’ and ‘functional immunity’ provisions of the State Immunity Act 1978 considered by the Court of Appeal.
- The Supreme Court’s decision in Basfar v Wong—correct or controversial?
- The scope of the Foreign Act of State Doctrine reviewed.
In 2022, the English courts have considered a number of significant public international law issues, including those affecting the immunity of diplomats and who has access to sovereign funds of a state.
Sections 3(3), 10(4) (a) & 17, SIA 1978
The first case to be highlighted is Argentum Exploration Ltd v The Silver and all persons claiming to be interested in and/or to have rights in respect of, the Silver (Secretary of State for Transport and another intervening) [2022] EWCA Civ 1318, [2022] All ER (D) 35 (Oct).
The SS Tilawa (a privately owned cargo liner) was en route from Bombay to Durban when it was hit by a Japanese torpedo and sunk in the Indian
