Case Analysis Of Government Of The Republic Of Spain V. S.S. Arantzazu Mendi [1939] A.C. 256
- IJLLR Journal
- Feb 27
- 2 min read
Yash Mishra & Arnav Sharma, School of Law, MIT World Peace University, Pune
ABSTRACT:
The abstract refers to a House of Lords case from 1939 in Government of the Republic of Spain v. S.S. Arantzazu Mendi and Others. The Arantzazu Mendi was seized by the Republican government in 1937 during the Spanish Civil War. The Nationalist government seized the same ship in 1938. The Republicans filed a writ in rem against the ship in April 1938, claiming ownership, which was served within British waters where the ship was located. The Nationalist government opposed this, claiming that the ship had been improperly impleaded as a foreign sovereign state. The lower court had to decide whether or not the Nationalist government was a foreign sovereign state. The lower court asked the Secretary of State for Foreign Affairs to give his opinion on this issue. The secretary responded:
“The Republic, whilst being the de jure and recognized government of Spain, is merely a government in a small portion of Spanish territory, whilst the defendants are in possession of the rest of Spain and are in no way subservient to any government.”
The only course to determine whether a party is a recognized foreign sovereign state is to refer this question to the Secretary of State for Foreign Affairs. The opinion given by the secretary is a statement of fact, and there is nothing to allow us to disagree with it on grounds of law. The government in Spain had been in possession of Spain de facto, and in no way subservient to any government. It had therefore certain characteristics of a sovereign state. The distinction between de facto and de jure recognition is irrelevant to a right to sovereign immunity. The government could therefore not be impleaded, and the writ in rem against the ship was dismissed.
