Kuwait Airways Corporation v. Iraqi Airways Company and the Republic of Iraq

Abstract

State immunity — Jurisdictional immunity — Separate entity — Commercial activity — United Kingdom State Immunity Act 1978, Sections 3 and 14 — Whether act performed jure imperii — Nature, not purpose, of act decisive — Definition of relevant act — Invasion of Kuwait and seizure of aircraft at Kuwait airport by Republic of Iraq — Sovereign act — Removal of aircraft by Iraqi Airways Company (“IAC”) — Iraqi legislation vesting title to aircraft in IAC — Subsequent operation by IAC in commercial services — Whether acts of IAC governmental in character — Distinction between acts before and after vesting of title

State immunity — Jurisdictional immunity — Foreign State — Service of writ — United Kingdom State Immunity Act 1978, Section 12(1) — Requirement that writ be served on Foreign Ministry of defendant State — Whether service on embassy with request for transmission to Foreign Ministry sufficient — Impossibility of service on Foreign Ministry as United Kingdom not represented in foreign capital at relevant time

International organizations — United Nations — Security Council — Decisions under Chapter VII of the Charter — Effects in municipal law — Resolution 687(1991) — Establishment of United Nations Compensation Commission to determine claims against Iraq arising out of invasion of Kuwait — Effect upon jurisdiction of national courts

War and armed conflict — Occupation — Seizure of property — Seizure of Kuwaiti aircraft by Iraq following invasion of Kuwait — Whether attracting sovereign immunity — Whether justiciable — Effect of transfer of aircraft to Iraqi State airline — The law of England