“The United Kingdom now recognises Juan Guaidó as the constitutional interim President of Venezuela, until credible presidential elections can be held. The people of Venezuela have suffered enough. It is time for a new start, with free and fair elections in accordance with international democratic standards. The oppression of the illegitimate, kleptocratic Maduro regime must end. Those who continue to violate the human rights of ordinary Venezuelans under an illegitimate regime will be called to account. The Venezuelan people deserve a better future.”
“(i) Who does HMG recognise as the Head of State of the Bolivarian Republic of Venezuela ? (ii) Who does HMG recognise as the Head of Government of the Bolivarian Republic of Venezuela ?”
“Following the undertaking of my right honourable friend the Lord Privy Seal in another place on 18th June last we have conducted a re-examination of British policy and practice concerning the recognition of Governments. This has included a comparison with the practice of our partners and allies. On the basis of this review we have decided that we shall no longer accord recognition to Governments. The British Government recognise States in accordance with common international doctrine. Where an unconstitutional change of régime takes place in a recognised State, Governments of other States must necessarily consider what dealings, if any, they should have with the new régime, and whether and to what extent it qualifies to be treated as the Government of the State concerned. Many of our partners and allies take the position that they do not recognise Governments and that therefore no question of recognition arises in such cases. By contrast, the policy of successive British Governments has been that we should make and announce a decision formally "recognising" the new Government. This practice has sometimes been misunderstood, and, despite explanations to the contrary, our "recognition" interpreted as implying approval. For example, in circumstances where there might be legitimate public concern about the violation of human rights by the new régime, or the manner in which it achieved power, it has not sufficed to say that an announcement of "recognition" is simply a neutral formality. We have therefore concluded that there are practical advantages in following the policy of many other countries in not according recognition to Governments. Like them, we shall continue to decide the nature of our dealings with régimes which come to power unconstitutionally in the light of our assessment of whether they are able of themselves to exercise effective control of the territory of the State concerned, and seem likely to continue to do so.”
“There are limits to the significance of this policy statement in the current context. It is a truism that policy is a matter for each successive government; and what was there being expressed was a general policy in relation to routinely making declarations of recognition of governments. As Mance J observed in Kuwait Airways Co v Iraqi Airways Co[1999] 1 LRC 223 at p. 267, in a particular case HMG must remain free to take and to inform the court of a more categorical attitude regarding recognition or non-recognition of a foreign government. It does not follow from the general policy that there will be reluctance to do so in some individual cases. The given rationale for reluctance would not arise in a case in which HMG would not be concerned if such recognition were treated as approval of the new regime. It is clear from the evidence of the public support for Prime Minister alSarraj’s GNA by HMG and the UN, some of which I refer to below, that this is such a case. Moreover the reluctance implicit in the general policy might give way where it is desirable to make a statement of recognition of the de facto status of a government for some particular objective. That also applies in the current context where the statements have been made in order to assist in resolving the deadlock in the LIA’s ability to exercise effective control as Libya’s sovereign wealth fund for the benefit of all the Libyan people, an objective which HMG and the UN have repeatedly endorsed in public statements, some of which I refer to below. Moreover it is not uncommon for the FCO to refer expressly to the 1980 policy in qualifying what is said in a statement, as it did for example in its statement in Gur v Trust Bank. The absence of such qualification in this case is a further indication that the 1980 policy is not a significant consideration.” 31.Mr. Shorter, in his reply to Knowles J. on19 March 2020 said: “The policy of non-recognition does not preclude HMG from recognising a foreign government or making a statement setting out the entity or entities with which it will conduct government to government dealings, where it considers it appropriate to do so in the circumstances.”
“The principle is that the English courts will not adjudicate on the lawfulness or validity of a state’s sovereign acts under its own law.”
“In summary terms, the Doctrine amounts to this, that the courts of the United Kingdom will not readily adjudicate upon the lawfulness or validity of sovereign acts of foreign states, and it applies to claims which, while not made against the foreign state concerned, involve an allegation that a foreign state has acted unlawfully.……….”
“What the Kirkpatrick case is ultimately about, however, is the distinction between referring to acts of state (or proving them if their occurrence is disputed) as an existential matter, and on the other hand asking the court to inquire into them for the purpose of adjudicating upon their legal effectiveness, including for these purposes their legal effectiveness as recognised in the country of the forum. It is the difference between citing a foreign statute (an act of state) for what it says (or even for what it is disputed as saying) on the one hand, something which of course happens all the time, and on the other hand challenging the effectiveness of that statute on the ground, for instance, that it was not properly enacted, or had been procured by corruption, or should not be recognised because it was unfair or expropriatory or discriminatory.”
“As a member of the family of nations, the Government of the United Kingdom (of which this court forms part of the judicial branch) observes the rules of comity, videlicet, the accepted rules of mutual conduct as between state and state which each state adopts in relation to other states and expects other states to adopt in relation to itself. One of those rules is that it does not purport to exercise jurisdiction over the internal affairs of any other independent state, or to apply measures of coercion to it or to its property, except in accordance with the rules of public international law. One of the commonest applications of this rule by the judicial branch of the United Kingdom Government is the well-known doctrine of sovereign immunity. A foreign state cannot be impleaded in the English courts without its consent: see Duff Development Co. v. Kelantan Government. As was made clear in Rahimtoola v. Nizam of Hyderabad, the application of the doctrine of sovereign immunity does not depend upon the persons between whom the issue is joined, but upon the subject-matter of the issue. For the English court to pronounce upon the validity of a law of a foreign sovereign state within its own territory, so that the validity of that law became the res of the res judicata in the suit, would be to assert jurisdiction over the internal affairs of that state. That would be a breach of the rules of comity. In my view, this court has no jurisdiction so to do.”
“The principle is that the English courts will not adjudicate on the lawfulness or validity of a state’s sovereign acts under its own law.”
“In this case the official act is the replacement of the PDVSA board. That act occurred within Venezuela’s territorial boundaries……….The knock-on effects of that act which took place outside of Venezuela do not render the original act extraterritorial. ”