swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
International - From: 1800 To: 1849
This page lists 5 cases, and was prepared on 08 August 2015.
City of Berne -v- Bank of England (1804) 9 Ves 347
1804
International
A state not recognised by the United Kingdom government has no standing in the English courts.
1 Citers
The Schooner Exchange -v- McFaddon [1812] 7 Cranch 116
1812
Marshall CJ
International
(United States Supreme Court) The court considered the rationale of the jurisdictional immunity given to sovereign states: "This full and absolute territorial jurisdiction being alike the attribute of every sovereign, and being incapable of conferring extra-territorial power, would not seem to contemplate foreign sovereigns nor their sovereign rights as its objects. One sovereign being in no respect amenable to another, and being bound by obligations of the highest character not to degrade the dignity of his nation, by placing himself or its sovereign rights within the jurisdiction of another, can be supposed to enter a foreign territory only under an express licence, or in the confidence that the immunities belonging to his independent sovereign station, though not expressly stipulated, are reserved by implication, and will be extended to him.
This perfect equality and absolute independence of sovereigns, and this common interest compelling them to mutual intercourse, and an interchange of good offices with each other, have given rise to a class of cases in which every sovereign is understood to waive the exercise of a part of that complete exclusive territorial jurisdiction, which has been stated to be the attribute of every nation."
1 Citers
Viveash -v- Becker (1814) 3 M and S 284; [1814] 105 ER 619
1814
international
A merchant who was resident in London took on additional duties as consul for a foreign government. Held: the appointment was not sufficient to protect him from an action upon a mesne process.
1 Citers
Moffett -v- Brewer; 1848 - (1848) Iowa 1 Greene 348
Vallee And Others -v- Dumergue; 6-Jul-1849 - [1849] EngR 834; (1849) 4 Exch 290; (1849) 154 ER 1221
