THE ARANTZAZU MENDI

[1939] 1 ALL ER 719 HOUSE OF LORDS LORD ATKIN, LORD THANKERTON, LORD RUSSELL OF KILLOWEN, LORD MACMILLAN, LORD WRIGHT

FACT: Who is entitled to have the ship? The ship Arantzazu Mendi described as of the port of Bilbao. Bilbao had been captured by Gen. Franco s forces. The ship was requisitioned by Spanish Republican government. After that, the ship arrived in London. The owner of the ship claim the possession of the ship, however, she was arrested. The, the ship was requisitioned by the nationalist government of Spain (Gen. Franco s government). The owners declared that the ship was freely given to the nationalist government. The Foreign Office stated that the de jure government of Spain was the republican government, but that the nationalist government was the de facto government of the larger portion of the country.

ISSUE: Which government entitled to the ship, nationalist government (de facto government) or republican government (de jure government).

JUDGMENT: The court held in favor of nationalist government. His Majesty recognized both nationalist government as de facto government and republican government as de jure government. His majesty s government recognized the nationalist government as a government which exercises administrative control over the larger portion of Spain. Exercising effective administrative control may be understand that exercising all the functions of a sovereign government, in maintaining law and order, instituting and maintaining court of justice, and adopting or imposing laws regulating the relations of the inhabitants of the territory with one another and with the government.