J H Rayner (mincing Lane) Ltd v. Department of Trade and Industry and Other and Related Appeals Maclaine Watson & Co Ltd v. Department of Trade and Industry Maclaine Watson & Co Ltd v. International Tin Council

Abstract

670International organizations — Personality — Concept of international legal personality — Whether organization a legal entity distinct from its members — Whether personality of organization excludes liability of members for obligations incurred by the organization — Whether principle of international law that members incur concurrent or secondary liability for debts of organization in absence of provision excluding or limiting liability — International Tin Council — Sixth International Tin Agreement, 1982 — Comparison with constitutions of other international organizations — Whether International Tin Council contracted as agent for its members — Legal personality of international organization in English law — Whether distinct from personality of organization in international law — International Organizations Act 1968 — International Tin Council-United Kingdom Headquarters Agreement, 1972 — International Tin Council (Immunities and Privileges) Order 1972 — Provision that Council should have the legal capacities of a body corporate — Whether conferring legal personality in English law — Whether a recognition of Council’s international legal personality — Whether English courts entitled to consider Sixth International Tin Agreement to determine scope and nature of Council’s personalityInternational organizations — Constitutions — International Tin Council — Whether Council controlled by its members — Whether a separate entity from its members — Whether Council contracted as agent for its membersRelationship of international law and municipal law — Act of State and justiciability — Doctrine of non-justiciability in English law — Scope and extent — Principle that unincorporated treaties cannot change English law — Principle that English courts cannot enforce an unincorporated treaty — Act of State doctrine — Principle that English courts will not sit in judgment upon transactions between sovereign States — Relationship between the different principles of act of State and non-justiciability — Relationship between act of State and non-justiciability and principles of sovereign immunityRelationship of international law and municipal law — Custom — Whether part of the law of England — Extent to which English courts may apply rules of international law — Uncertain state of rules in question — Role of the English courts in determining content of international law — Treaties — Application by municipal courts — Treaty not incorporated into municipal law by legislation — 671Whether municipal courts may enforce obligations of States derived from treaty — Whether municipal courts may refer to treaty establishing international organization in order to establish nature of organization’s personality in international lawSources of international law — Customary international law — Criteria for determining existence of rule of international law — Need for general acceptance of rule by civilized nations — Treaties — Treaties establishing international organizations — Significance of presence in certain treaties of provisions excluding liability of members for debts of organization — Writings of publicists — The law of England