Suchergebnisse

The illicit antiquities trade has rapidly expanded during the civil war: thousands of smuggled Yemeni artifacts, valued at tens of millions of dollars, are now housed in the United States and at museums across the globe.

State immunity — Jurisdictional immunity — Waiver of immunity — Default judgment entered against foreign State — Whether lodging objection to default judgment constituting waiver of immunity by foreign StateDiplomatic relations — Diplomatic agents — Statement by diplomatic agents that State might pay arbitral award made against company — Company controlled by nationalized banks of State — Whether making of statements constituting a firm commitment by State to pay award — Principle of good faithArbitration — Enforcement of award — Award made against corporation controlled by nationalized banks of foreign State — Action against foreign State for enforcement of award in municipal courts — State immunity — Whether courts having power to enforce arbitral award by seizure of property belonging to foreign StateState responsibility — For debts — Arbitral award against corporation controlled by nationalized banks of foreign State — Enforcement proceedings against foreign State — Whether foreign State liable for acts of nationalized banks and corporation 316Economics, trade and finance — Nationalized banks — Banks owning controlling interest in corporation — Scope and nature of financial obligations to corporation — The law of the Netherlands

48State immunity — Attachment and execution — Waiver — Waiver of immunity by foreign State in proceedings against United States corporation — Waiver expressly including agencies of foreign State — Whether assets of State corporation having no connection with underlying legal dispute liable to execution for purposes of enforcing judgment against foreign State — Decision turning on whether corporation alter ego of foreign State — Presumption that State corporation having separate legal personality — Circumstances under which presumption may be rebutted — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

93State immunity — Jurisdictional immunity — Commercial activity exception — State corporation — Action between two foreign corporations — Whether action having sufficient nexus with the United States — Requirement that commercial activity having direct effect in United States — Whether economic loss resulting from failure to honour financial obligation under contract constituting direct effect in the United States — Payment of funds into New York bank account of foreign bank for purposes of satisfying bank guarantee — Whether constituting direct effect in the United States — United States Foreign Sovereign Immunities Act 1976 — The law of the United States

Editorial As organizations age, habits become custom, responsiveness declines innovation suffers, and that certain spark or sense of purpose is lost. Change management issues are high on most public sector agendas worldwide. Some managers may attempt rejuvenation with a one‐off programme of major change, seeking the right answer through rigorous analysis of the facts, trusting the power of planning and budgeting. Structures and personnel may change, but efforts often fail to overcome old ways and entrenched power groups. It may be, of course, that the "right" strategy does not exist, and that even if it did, ageing companies may be too insular to recognize it.

Editorial Surviving the Revolution A revolution has been under way in British public services in the last ten years. Managers are being forced to be ever more efficient and accountable and they are borrowing heavily from the ways of the private sector.

100Sovereign immunity — Foreign States and State agencies — Whether Yugoslavian "workers organisation" was an agency or instrumentality of the State — Foreign Sovereign Immunities Act 1976 — The law of the United States

550Sovereign immunity — Foreign States — Service of process — Whether service by telex permissible — Foreign Sovereign Immunities Act 1976 — The law of the United States