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10 March 2023 / Khawar Qureshi KC
Issue: 8016 / Categories: Features , Public , International
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Reflections on public international law

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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

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