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Assignment Public Int Law

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Ikram khan
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17 views

Assignment Public Int Law

Uploaded by

Ikram khan
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NAME: IKRAMULLAH KHAN (BL-1246)

SECTION: (C) 7TH SEMESTER

ASSIGNMENT: PUBLIC INTERNATIONAL LAW

TEACHER: SIR ATTA UR REHMAN

WRITE THE CASE OF WEST RAND CENTRAL GOLD MINING


COMPANY LTD VS THE KING.

Facts of the case and judgement

West Rand Central Gold Mining Company Ltd was an English company or we can
say that it was registered in England. It operates gold mines in south Africa in the
area of Transvaal. In October 1889, the government of south Africa seized two
parcels containing gold for keeping safe. Later in same month the boar war started
between the Great Britain and the south Africa, that war was won by the Great
Britain and annexed south Africa in 1900. The British government became the
successor of the south African government and all the rights and liabilities were
shifted to them. It became liable for the british government to return those two
parcels of gold to that company. But that government did not do so.
Decision of the trial court

The company filed suit in the trial court by claiming that those parcels of gold or
equal money value must be returned to them because it is the company’s right.
Further the claimant stated that firstly it was bound on the government of south
Africa to return those parcels but after the annexation all the duties and liabilities
are transferred to the Great Britain and now it is the duty of them to return those
parcels of gold or equal money. The trial court dismissed that suit.

Decision of the king’s bench

The company did not satisfy with the decision of trial court and appealed before
the king’s bench. The main question for the consideration before the court of
king’s bench was “whether the company had any right to get those parcels of gold
which may be got propound through the municipal court”.

The king’s bench decided that, under the principles of state of succession forming
part of customary international law, the conquering state will not become liable to
perform the financial obligations of the conquered state unless the conquering state
wills to do so or gives consent to perform those financial obligations. So that
king’s bench decided that the company had no right to get those parcels of gold
from the british government and dismissed the appeal. Further the bench stated that
courts may apply the international law into the municipal courts, if so needed. It
further lays down the principles that the municipal courts have no jurisdiction to
hear or decide such matters which are under the jurisdiction of the king and that are
decided on the basis of treaty.

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