Unsettled times for the act of state doctrine

Table of contents

• Original news
• What is the background to the litigation?
• What did the court decide?
• What issues did this case raise?
• To what extent is the judgment helpful in clarifying the law in this area?
• In particular, where does the judgment leave the law on state immunity, foreign act of state and Crown act of state? What are the implications for practitioners bringing similar claims?
• State immunity and foreign act of state
• Crown act of state
• Implications for practitioners bringing similar claims

Article summary

Public Law analysis: The case of Yunus Rahmatullah has once again presented a strong legal challenge to the act of state doctrine and the idea that foreign policy allegiances can take precedence over individual human rights. With an early outcome in Mr Rahmatullah’s favour, Omran Belhadi of the human rights organisation, Reprieve, explains a case that will have wider implications and in many ways remains undecided.