Arab Monetary Fund v. Hashim and Others (No 3)

Abstract

International organizations — Personality — Concept of international legal personality — Whether international organization possessing legal personality in English law — Organization of which United Kingdom not a member — Arab Monetary Fund — Whether legal personality of Arab Monetary Fund under international law can be recognized by English courts — Whether Arab Monetary Fund has standing to sue in English courts — Arab Monetary Fund Agreement, 1976 — Incorporation of Agreement into law of United Arab Emirates — Whether conferring legal personality under United Arab Emirates law — Whether English courts may treat Arab Monetary Fund as a legal person deriving status from law of United Arab Emirates

Relationship of international law and municipal law — Act of State and justiciability — Doctrine of non-justiciability in English law — Scope and extent — Principle that English courts may not adjudicate upon or enforce treaties — Extent to which existence of treaty must be taken into account by English courts — Relevance of treaty creating Arab Monetary Fund in determining effect of legislation in United Arab Emirates conferring legal status upon Arab Monetary Fund

Treaties — Application by municipal courts — Principle that English courts may not adjudicate upon or enforce a treaty — Treaty establishing Arab Monetary Fund — Whether English courts may treat Arab Monetary Fund as possessing legal personality and standing to sue in English courts — Extent to which English courts may take treaty into account

Comity — Recognition of foreign laws — United Arab Emirates law giving effect to legal personality of Arab Monetary Fund — Whether English courts required or entitled to recognize personality of Arab Monetary Fund under that law — The law of England