tailieunhanh - International Organizations Before National Courts Part 6

Nếu không rõ ràng gọi đó là một quy tắc luật tập quán quốc tế, trường hợp của Malaysia Ngân hàng của người gốc Mã Lai Malaysia Bhd v. quốc tế Tin Hội đồng another141 hạn chế khả năng miễn dịch quyền tài phán của một tổ chức quốc tế theo tiêu chuẩn miễn dịch hạn chế giá trị cho các tiểu bang. | 196 descriptive analysis ing and interpreting services as acta iure gestionis on the part of the tribunal and thus found that Dutch courts had jurisdiction over a dispute relating to such employment Without expressly calling it a customary international law rule the Malaysian case Bank Bumiputra Malaysia Bhd v. International Tin Council and another141 restricted the jurisdictional immunity of an international organization according to the restrictive immunity standard valid for states. The Malaysian plaintiff bank was one of the Tin Council s unpaid creditors. It claimed that the ITC had deposited tin warrants issued by the second defendant as security. In the Malaysian proceedings the plaintiff not only sought to recover the outstanding loan but also asked for a declaration that it was entitled to the tin covered by the warrants which was in the possession of the second defendant who refused to hand it over to plaintiff. The court did not allow the first claim because it considered the extrajurisdictional service of the writ in London to be an abuse of the process of the court. It did however admit the second claim relating to the tin and specifically denied the ITC s claim to immunity. At the outset the Malaysian court held that the ITC did not enjoy immunity from suit in Malaysia because the applicable treaties granted such immunity only in respect of the English courts. It added however that since the ITC entered into a commercial transaction it could not claim sovereign immunity in any event. In relying on the modern rule as embodied in the English Trendtex case a leading decision on state immunity the court apparently thought that the ITC was to be treated as a foreign sovereign .142 In some of the Italian cases involving NATO a restrictive immunity standard is applied. A typical case is Branno v. Ministry of War 143 where a 140 The appellate court in Iran-US Claims Tribunal v. AS District Court of The Hague 9 July 1984 reversed the decision .