1991

HL

Arab Monetary Fund v Hasim [1991] 1 All ER 871 House of Lords Court of Appeal [1996] 1 Lloyds LR 589

The Arab Monetary Fund was an international organisation created by treaty. The UK was not a party to this treaty and the AMF had not been given the status of body corporate in English Law. The AMF sued Hasim for misappropriate funds. The defendant contended that the AMF had not status in UK and therefore could not maintain and action. It was not disputed that the AMF was a person in IL. The HL allowed the AMF to sue because it was incorporated in Abu Dhabi law and could be regarded as an Abu Dhabian corporation under the conflict of laws Then the defendant contended that he was immune from the process of recovery (the money of the bribe) because he was an employee of an international organisation. CA dismissed the submission on the grounds that such immunity existed only for official acts only

The decision of the House of Lord in the International Tin case confirms that our courts have no competence to adjudicate or to enforce to adjudicate on or to enforce rights arising out of transactions entered into by independent sovereign states between themselves on the plane of international law. It also confirms that treaties to which the UK government is a party, a fortiori those to which it is not, are not self-executing. They do not create right and obligations. (1990)