Republic of "A" Embassy Bank Account Case

In: International law reports, Band 77, S. 488-494

Abstract

State immunity — Attachment and execution — Embassy bank account — Judgment creditor seeking to levy execution against foreign State by attachment of bank account — Principles of international law governing immunity of embassy funds from enforcement jurisdiction of receiving State — Whether execution permissible only if account used exclusively for non-sovereign purposes.Relationship of international law and municipal law — Executive statements — Certificate of foreign embassy that funds in use for sovereign functions — Note issued by Ministry of Foreign Affairs that such funds not subject to attachmentDiplomatic relations — Immunity — Embassy bank account — Account in use for meeting running expenses of embassy — Whether subject to execution in receiving State489Sources of international law — Judicial decisions — Decision of Federal German Constitutional Court as evidence of customary international law — The law of Austria