Why the need for a State Immunity Act — Hafiz Hassan

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Why the need for a State Immunity Act — Hafiz Hassan
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JULY 6 — England has had the State Immunity Act since 1978. It came into force in July that year. So, this month is the 45th anniversary of the Act. A year later in 1979,...

JULY 6 — England has had the State Immunity Act since 1978. It came into force in July that year. So, this month is the 45th anniversary of the Act.

With that, it was hoped that reciprocal treatment would be accorded to Malaysia in the event Malaysia is brought to the courts of a foreign state in the future.The need for the English Act was explained on its 40th anniversary by Lord Lloyd-Jones, Justice of The Supreme Court as follows: “In [the United Kingdom], in the 1970s, the judges showed themselves willing to adapt to these changed conditions.”

The reform of the law is best captured in the words of another great English judge, Lord Wilberforce who said that “whether state immunity should be granted or not, the court must consider the whole context in which the claim against the state is made.” “There was the question of what or who qualified as a State for the purpose of claiming immunity. There was the issue of waiver of immunity, whether by agreement or by conduct.

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