Justiciability (English Wikipedia)

Analysis of information sources in references of the Wikipedia article "Justiciability" in English language version.

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cambridge.org

journals.cambridge.org

justia.com

supreme.justia.com

parliament.uk

publications.parliament.uk

  • Kuwait Airways Corp. v. Iraqi Airways Co. [2002] UKHL 19. Kuwait Airways sought damages for conversion of aircraft seized during the Iraqi invasion of Kuwait; Iraqi Airways sought to dismiss the claim as nonjusticiable on the grounds that it was done on the basis of an Iraqi decree transferring ownership to Iraqi Airways, which should be recognized as having been valid foreign law. While quoting Buttes v Hammer and approving the principles laid down in that case, the Lords nonetheless ruled that the decree was invalid both in international law and Iraqi law and the nonjusticiability argument failed.

ssrn.com

uniset.ca

  • Buttes Gas and Oil Co. v Hammer [1982] AC 888. The case involved a commercial dispute between Buttes and Occidental Petroleum over oil exploitation rights near the island of Abu Musa, disputed between Sharjah, one of the United Arab Emirates, and Iran. The UK was involved due to its historic role as protector of the Trucial States, the precursor to the UAE, in which it controlled the foreign affairs of Sharjah, but this relationship had ended in 1971. The commercial dispute was ruled nonjusticiable, since resolving it would require resolving the territorial dispute, a definitively political question.