In-Person | Reframing the English Foreign Act of State Doctrine

Speaker: Dr Massimo Lando (Law School of City University of Hong Kong)
Chair: Prof. Martins Paparinskis (UCL Laws)

About this talk

There is little doubt that the English common law rule known as the foreign act of State is in a State of disarray. English courts have grappled with the doctrine several times in recent years, including in Belhaj v Straw, the Venezuelan Gold case and in Law Debenture Trust v Ukraine. However, their efforts seemed to overcomplicate the doctrine and, if anything, make its contours less well-defined. I will argue for reframing the English foreign act of State doctrine based on the distinction, developed in legal philosophy, between elements which are part of a rule's definition and elements which, being exceptions to a rule, situate themselves outside of its definition. Integral to this argument are the doctrine's foundation, to be found in the UK constitution, and consideration of the fundamental values of the English legal system as a whole. The proposed reframing of the doctrine allows one to streamline the discrete principles which, so far, English courts have considered to make up the doctrine. This reframing also has implications for the characterisation of the doctrine as one of justiciability, abstention or restraint, as well as for its relationship to the duty to do justice and Article 6 of the European Convention on Human Rights.

About the Speaker

Massimo Lando is Assistant Professor at the Law School of City University of Hong Kong. His interest lie in general international law. He holds a PhD from the University of Cambridge and has previously worked as Associate Legal Officer at the International Court of Justice.