Argentum Exploration Ltd v. Republic of South Africa

662 Human rights — Convention for the Protection of Human Rights and Fundamental Freedoms, 1953 — Article 6 — State immunity — Claim in rem over salvaged cargo — Whether State immunity violating Article 6 — Legitimate aim — State Immunity Act 1978 — Whether State Immunity Act pursuing a legitimate aim — Proportionality — Whether grant of State immunity proportionate State immunity — Jurisdiction — Claim in rem over salvaged cargo — Whether State being entitled to claim immunity against a claim in rem — State Immunity Act 1978 — Section 1(1) — Section 10(4)(a) — Meaning of “in use” for a commercial purpose — Whether cargo “in use” for a commercial purpose while in hold of a vessel — Whether regard can be had to intended use of cargo to determine whether it was “in use” for a commercial purpose Treaties — Unification of Certain Rules concerning the Immunity of State-owned Ships, 1926 — Claim in rem over salvaged cargo — Whether State entitled to claim immunity against a claim in rem — Article 3(3) — Whether cargo carried for non-commercial purpose — Whether State-owned cargoes carried on vessels for a non-commercial purpose were not subject to proceedings in rem — The law of England