Williams and Humbert Ltd. v. W. & H. Trade Marks (Jersey) Ltd. Rumasa S.A. and Others v. Multinvest (U.K.) and Others

Abstract

Relationship of international law and municipal law — Recognition and enforcement of foreign law — Grounds for refusal of recognition — Legislation contrary to human rights — Penal and revenue laws — Legislation providing for expropriation of property — Expropriation of shares in company — Company seeking to bring claim in England after expropriation — Whether English courts thereby asked to enforce expropriatory legislation — Act of State — Whether English courts will question the motives and good faith of foreign government

Expropriation — Discriminatory — Whether expropriation measure directed against particular individuals contrary to international law — General international acceptance of expropriation — Property situated outside expropriating State — Expropriation of shares in company incorporated in expropriating State — Effect on company's assets in other States

Human rights — Enforcement by national courts — Non-enforcement of foreign law which is contrary to human rights

Jurisdiction — Extraterritorial — Expropriation of shares in company — Effect on company's assets in another State — The law of England