oa Comparative and International Law Journal of Southern Africa - Sovereign immunity in international law: a review of the more important trends and their place in South Africa
|Article Title||Sovereign immunity in international law: a review of the more important trends and their place in South Africa|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Supreme Court of South Africa|
|Publication Date||Jul 1978|
|Pages||168 - 182|
|Keyword(s)||English law, International law, Lendalease case, South African law, Sovereign immunity and United States|
The interesting question of the justiciability of a foreign sovereign state before South African courts was decided fairly recently in the Cape Provincial Division. In Lendalease Finance Company (Ply) Limited v Corporation de Mercadeo Agricola and Others, the question arose as to whether a foreign state-owned corporation which had concluded a contract with a South African company, was immune from the jurisdiction of the South African courts in an application for attachment ad fundandam jurisdictionem brought by the South African Company. The issue of the immunity of the sovereign before municipal courts is discussed in this article.
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