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Article: Democratic Republic of the Congo v FG Hemisphere: why absolute immunity should apply but a reference was unnecessary

TitleDemocratic Republic of the Congo v FG Hemisphere: why absolute immunity should apply but a reference was unnecessary
Authors
Issue Date2011
PublisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/
Citation
Hong Kong Law Journal, 2011, v. 41 n. 2, p. 393-400 How to Cite?
AbstractIn this Comment, the author advances the following arguments: (1) the law of state immunity does not fall within the common law act of state doctrine as enshrined in Art 19 of the Basic Law; (2) as a matter of comity, even though the determination of state of immunity is not an act of state, the judiciary and the executive should speak with one voice on foreign affairs, and therefore the HKSAR courts should observe the doctrine of absolute immunity; and (3) the CFA does not have to refer the interpretation of Arts 13 and 19 to the SCNPC as the Court would not need to rely or apply either Arts 13 or 19 in resolving this dispute as the 'one voice' principle on international affairs follows from the application of another common law principle and not the common law act of state doctrine encapsulated under Art 19.
Persistent Identifierhttp://hdl.handle.net/10722/152685
ISSN
2015 Impact Factor: 0.215
2015 SCImago Journal Rankings: 0.101

 

DC FieldValueLanguage
dc.contributor.authorYap, PJen_US
dc.date.accessioned2012-07-16T09:46:21Z-
dc.date.available2012-07-16T09:46:21Z-
dc.date.issued2011en_US
dc.identifier.citationHong Kong Law Journal, 2011, v. 41 n. 2, p. 393-400en_US
dc.identifier.issn0378-0600-
dc.identifier.urihttp://hdl.handle.net/10722/152685-
dc.description.abstractIn this Comment, the author advances the following arguments: (1) the law of state immunity does not fall within the common law act of state doctrine as enshrined in Art 19 of the Basic Law; (2) as a matter of comity, even though the determination of state of immunity is not an act of state, the judiciary and the executive should speak with one voice on foreign affairs, and therefore the HKSAR courts should observe the doctrine of absolute immunity; and (3) the CFA does not have to refer the interpretation of Arts 13 and 19 to the SCNPC as the Court would not need to rely or apply either Arts 13 or 19 in resolving this dispute as the 'one voice' principle on international affairs follows from the application of another common law principle and not the common law act of state doctrine encapsulated under Art 19.-
dc.languageengen_US
dc.publisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/-
dc.relation.ispartofHong Kong Law Journalen_US
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.titleDemocratic Republic of the Congo v FG Hemisphere: why absolute immunity should apply but a reference was unnecessaryen_US
dc.typeArticleen_US
dc.identifier.emailYap, PJ: pjyap@hku.hken_US
dc.identifier.authorityYap, PJ=rp01274en_US
dc.description.naturepublished_or_final_version-
dc.identifier.scopuseid_2-s2.0-84858391451-
dc.identifier.hkuros200956en_US
dc.identifier.volume41-
dc.identifier.issue2-
dc.identifier.spage393en_US
dc.identifier.epage400en_US
dc.publisher.placeHong Kong-

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