Dumez v. Iraq and Others

Abstract

International organizations — United Nations — Security Council — Powers to maintain international peace and security — Security Council Resolutions — Effect under municipal law — Resolution No 687 (1991) — Imposition of levy on Iraqi petroleum exports to compensate victims of Gulf War — Whether restricting sovereignty of Iraq — Whether depriving Iraq of immunity from execution

State immunity — Attachment and execution — Scope of immunity — Enforcement of judgment against funds held in foreign bank accounts at Iraqi banks — Whether foreign State entitled to invoke immunity from execution to oppose application for enforcement — Whether Iraqi banks constituting emanations of foreign State — Whether banks in practice deprived of their independence or acting in normal commercial manner

State immunity — Attachment and execution — Bank accounts — Funds allegedly allocated for sovereign functions — Criteria for determining whether funds immune from attachment

Economics, trade and finance — State contracts — Liability for debts — Enforcement of judgment against foreign State — The law of France