General Dynamics United Kingdom Ltd. v. State of Libya [2021] UKSC 22, [2021] 3 WLR 231

• Published in: The American journal of international law Vol. 116; no. 1; pp. 157 - 163
• Main Authors: Harris, Christopher, Miles, Cameron
• Format: Journal Article
• Language: English
• Published: New York, USA Cambridge University Press 01-01-2022
• Subjects: Arbitration; Civil procedure; Enforcement; Human rights; Immunity from prosecution; International Decisions: Edited By Julian Arato; International law; Jurisdiction; Supreme courts; United Kingdom > UK; Libya; identification of customary international law; State immunity; service on a state in civil proceedings; United Nations Convention on Jurisdictional Immunities of States and Their Property; State Immunity Act 1978 (UK)
• ISSN: 0002-9300; 2161-7953
• DOI: 10.1017/ajil.2021.67

The decision of the Supreme Court of the United Kingdom in General Dynamics United Kingdom Ltd. v. State of Libya1 (General Dynamics) concerned the interaction between the Civil Procedure Rules 1998 (Procedure Rules) and the State Immunity Act 1978 (Immunity Act), in light of the international law of state immunity. The question for the Supreme Court was which took priority. The answer—by a three to two margin—was the Immunity Act. Of particular interest from the perspective of public international law is: first, the majority's recourse to the animating principles of state immunity to ground its reasoning; and second, the rejection by both the majority and minority of Libya's argument that a provision of the Immunity Act reflected a rule of customary international law.