References: (1897) 168 US 250, [1897] USSC 197, 18 SCt 83, 42 L.Ed. 456
Links: Worldlii
Coram: Fuller CJ
(US Supreme Court) Fuller CJ said: ‘Every sovereign state is bound to respect the independence of every other sovereign state, and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory. Redress of grievances by reason of such acts must be obtained through the means open to be availed of by sovereign powers as between themselves.’
This case cites:
- Applied – Duke of Brunswick -v- The King of Hanover HL ((1848) 2 HL Cas 1, (1844) 6 Beav 1, [1848] EngR 794, Commonlii, (1848) 2 HLC 1, (1848) 9 ER 993)
The Duke claimed that the King of Hanover had been involved in the removal of the Duke from his position as reigning Duke and in the maladministration of his estates.
Held: ‘A foreign Sovereign, coming into this country cannot be made . .
This case is cited by:
- Cited – Regina -v- Secretary of State for Foreign and Commonwealth Affairs ex parte British Council of Turkish Cypriot Associations and Another Admn (Bailii, [1998] EWHC Admin 341, 112 ILR 735)
The applicants sought judicial review of the respondent’s decision to support the application for admission to the Eurorpean Community of Cyprus.
Held: Leave was refused: ‘the independence of Cyprus since 17th August 1960 forecloses any power . . - Cited – Lucasfilm Ltd and Others -v- Ainsworth and Another SC ([2011] 3 WLR 487, [2011] FSR 41, [2011] Bus LR 1211, Bailii, [2011] UKSC 39, Bailii Summary, SC, SC Summary, UKSC 2010/0015, [2011] 4 All ER 817, [2011] FSR 41, [2012] 1 All ER (Comm) 1011, [2012] 1 AC 208, [2012] EMLR 3,, [2011] ECDR 21)
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment . . - Cited – Buttes Gas and Oil Co -v- Hammer (No 3) HL ([1982] AC 888, [1981] 3 All ER 616, [1981] 3 WLR 787)
In a defamation action, issues arose as to two conflicting oil concessions which neighbouring states in the Arabian Gulf had granted over their territorial and offshore waters. The foreign relations of the United Kingdom and Iran were also involved . . - Cited – Shergill and Others -v- Khaira and Others SC (Bailii, [2014] UKSC 33, [2014] 3 WLR 1, [2014] WLR(D) 263, Bailii Summary, WLRD, UKSC 2012/0234, SC Summary, SC, [2014] PTSR 907, [2014] WTLR 1729, [2014] 3 All ER 243)
The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. . .