ABBOTT V. REPUBLIC OF SOUTH AFRICA Presenters Bora Joo Katrina Gonzales Stella-Chaiwon Ro Giesille Go Francesca Nicole Tan

Contents 1.Backgrounds a.Case Summary and Conclusion 2.Process of the Judgment a.Issue of the case b.Rule and Application (Spanish Law and Int’l Law) 3. Arguments a.Plaintiff b.Defendant

1. Backgrounds

“South Africa and its Bank accounts are immune from judgment” 1. Backgrounds ▫Case Conclusion… “South Africa and its Bank accounts are immune from judgment” Abbott (the plaintiff) lost the case How and Why?

2. The Process of the Judgment Issue of the case “…not apply…restrictive sovereign immunity..” -Plaintiff, Abbott- “Bank Accounts” Whether the case of property of a foreign state which.. is immune? Are protected by the rule of State immunity? 1. Not physically present on Embassy premises 2. Not expressly mentioned in Article22(3) of VC

2. The Process of the Judgment Rules and Applications Spanish Law and Int’l Law 1.Jurisdiction “… can enforce a judgment against property of a foreign state held on Spanish territory….” + Spanish Court can order executions 2.General Principles Vienna Convention on Diplomatic Relations a.”The property of diplomatic….benefits from a special regime” b. Relative Immunity Governmental purpose (0), Commercial purpose (X) + It is for the Court ordering execution to determine…with the rules of Spanish Law

2.The Process of the Judgment Rules and Applications Spanish Law and Int’l Law 3. General Int’l Practices “Do not impede the workings of an embassy!” 4. Nature of the funds Indivisible & Impossibility of investigating 5. The Equality of states.. *Criterion of VCDR “..the property of diplomatic and consular missions enjoys absolute immunity from execution..” Immunity….unless there is clear evidence to not to..?

3. Arguments Attachment The seizing of money or property prior to getting a judgment in court, in contemplation that the plaintiff will win at trial (usually in simple cases of money owed) and will require the money or property to cover (satisfy) the judgment http://dictionary.law.com/Default.aspx?selected=2460

a) Plaintiff’s Argument Limited Immunity Article 24(1) of the Spanish Constitution Every person has the right to obtain the effective protection of the Judges and the Courts in the exercise of his or her legitimate rights and interests, and in no case may he go undefended. http://www.tribunalconstitucional.es/Lists/constPDF/ConstitucionINGLES.pdf According to this Article…. an individual cannot be dismissed from court without going through the standard protocol expected in judicial court.

a) Plaintiff’s Arguments The Plaintiff’s Demands a) reinstatement b) the arrears of her salary On the Issue of Reinstatement - Her satisfactory performance - Unjustified dismissal On the Issue of Remainder of Her Salary - Former employee of the Embassy - Labor based on contract, not a diplomat of the State - Complete amount to be paid

Burden of Proof Dissenting Judge’s Opinion sdfsdf - Burden of Proof on defending State - Required to prove by argument and evidence that assets at issue were intended in their entirety for sovereign purposes - Mere declaration insufficient

b) Defendant’s Argument Absolute Immunity sdfsdf On the Issue of Disclosure of Bank Account - not required to disclose - a general international practice - investigation of these accounts are forbidden maxim ne impediatur legatio - conveys the idea that diplomatic agents must be protected from all disturbance, even in their private lives.

b) Defendant’s Arguments On the Issue of the Nature of Bank Account - not possible to attach funds - ‘even if’ it is for commercial purposes - the account as a single whole for the benefit of the diplomatic mission - protected by the virtue of the immunities accorded to diplomatic mission by international law

Thank you for listening !!!