I Congreso del Partido

Under the restrictive doctrine of state immunity, the court must look at the nature of the act in question, and a state that acts in a commercial transaction is not immune even if its motive is political.

Citation
[1983] 1 AC 244
Court
House of Lords
Year
1983
Subject
Public International Law
Topic
Jurisdiction and immunities

Facts

Cuban state enterprises sold sugar to a Chilean company. After the military coup in Chile in 1973, the Cuban government, for political reasons, ordered the ships carrying the sugar to be diverted, and the cargo was not delivered. One ship, the Playa Larga, was diverted at sea, and another, the I Congreso del Partido, was still being built. The Chilean buyers sued the Republic of Cuba in England, and Cuba claimed state immunity. The claims related to events before the State Immunity Act 1978 came into force, so the common law applied.

Legal principle

The House of Lords held that Cuba was not entitled to immunity. Lord Wilberforce said that, under the restrictive doctrine, the court must consider the whole context of the claim to decide whether the act in question is of a commercial or private law character, acta jure gestionis, or whether it is an exercise of sovereign authority, acta jure imperii. Where a state has entered into a commercial transaction, it does not become entitled to immunity merely because it later acts for political reasons to break the contract; the question is whether the act complained of is within the area of commercial activity, or whether the state has moved into the sphere of sovereign action. Cuba's conduct in relation to the cargoes was within the commercial sphere.

Related cases on jurisdiction and immunities

Studying public international law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions