Parent and Others v. Singapore Airlines Limited and the Civil Aeronautics Administration

Abstract

State immunity — States — Entitlement to claim State immunity — Whether recognition by the government of the forum State a prerequisite to entitlement to State immunity — Taiwan — Canada State Immunity Act — Section 14 — Certificate by Ministry of Foreign Affairs conclusive evidence of whether or not defendant a State — Ministry declining to issue certificate in respect of department of the Government of Taiwan — Whether conclusive evidence that Taiwan not a State for purposes of State immunity — Whether Court entitled to enter into own examination of the question of statehood

States — Recognition — Criteria of statehood — Declaratory and constitutive theories of recognition — Implied recognition

Relationship of international law and municipal law — Statehood — Whether foreign entity a State under international law — Whether question within the exclusive preserve of the executive — The law of Canada