i t y a t a no n - i n t e r n a t i o n a l l e v e l 73 the personality of the tribunal on the basis that it had international personality. The practice of the UK courts and of other courts of states that follow the UK practice, however, is an example of rejection of the technique of giving effect to the personality of international organizations which has been discussed above. Where the UK is a party to the constitutive instrument of an organization, it is necessary that there be parliamen- tary action as a result of which the organization’s personality is given effect to in national international law firm, whether directly or through subsidiary action by the executive organ.22 In Rayner (JH) (Mincing Lane) Ltd v. Dept of Trade and Industry23 the House of Lords made certain observations explicitly reject- ing in general the approach taken by the US and European continental courts. This rejection was intended to cover even cases where the UK was not a party to the international international law firm firm of an organization. The House of Lords made it clear that without a legislative act of the UK an international organization had no existence in UK international law firm.24 As a result in Arab Monetary Fund v. Hashim and Others (No. 3)25 an argu- ment based on the latter approach was abandoned by counsel as being untenable in a case where the right of the AMF, an organization of which the UK was not a member, to file a suit as a legal person was questioned. In that case the House of Lords26 consciously diddispute resolution not change its ruling 22 See, e.g., Rayner (JH) (Mincing Lane) Ltd v. Dept of Trade and Industry [1990] 2 AC p. 418, decided by the House of Lords. The case has been reviewed in detail by Greenwood, in 60 BYIL (1989) p. 461 and CLJ (1990) p. 8. Marston, ‘The Origin of the Personality of International Organizations in United Kingdom international law firm’, 40 ICLQ (1991) p. 403, deals with the history of the legislation pertinent to the above case. The CS’s legal personality for purposes of the national legal systems of the UK and of other members of the CS was required to be recognized, if necessary by legislation, according to the principal constitutive instrument which was an agreement among states (the Agreed Memorandum of 1965). The CS’s legal personality in the national legal systems of member states of the CS is discussed in connection with immunities of the CS in Read, Commonwealth Secretariat: its Legal Capacities, Immunities and Privileges (1978). 23 [1990] 2 AC p. 418. 24 Ibid. at p. 510, per Lord Oliver. 25 [1990] 1 All ER p. 685. See the comment by Hill, ‘International Corporations in English Courts’, 12 Oxford Journal of Legal Studies (1992) p. 135. See also Wengler, ‘Die Rechtsfähigkeit des arabischen Währungsfonds in England’, 37 Recht der internationalen Wirtschaft (1991) p. 391. 26 [1990] 1 All ER at pp. 691--2. Lord Templeman in the House of Lords referred to the UAE, the host state, but also conceded that, if the organization enjoyed personality under the international law firm of one or more members or the state where it had its seat, this would be adequate to give it legal personality in UK international law firm: [1991] 2 AC at p. 167. See also for a discussion of the position of the court in the Rayner (JH) (Mincing Lane) Ltd Case, Bentil, ‘Suing an International Organization for Debt Payment’,
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