In: International law reports, Band 92, S. 413-420
ISSN: 2633-707X
State immunity — Jurisdictional immunity — Commercial activity exception — Sale by Mexican bank of certificates of deposit in the United States — Whether constituting a commercial activity — United States Foreign Sovereign Immunities Act 1976 — The law of the United States
In: International law reports, Band 84, S. 187-200
ISSN: 2633-707X
187Expropriation — Definition — Imposition of exchange controls — Effect upon certificates of deposit with banks — Whether losses incurred by holders of certificates occasioned by a taking of property — Nationalization of private banks — Compensation — Requirement of just compensation — Requirement that compensation be prompt and effective — Whether fact that foreign State seeking to control its economy relevant to measure of compensationRelationship of international law and municipal law — Act of State and justiciability — Limits of United States act of State doctrine — Second Hickenlooper Amendment — Justiciability of claims regarding expropriation — Refusal of United States courts to question effectiveness of foreign banking regulationsState immunity — Jurisdictional immunity — Presumption that acts of foreign State and its instrumentalities are sovereign acts — Requirement that acts be peculiar to powers of a sovereign — United States Foreign Sovereign Immunities Act 1976 — Commercial activity exception — Regular course of commercial conduct in United States — The law of the United States
State immunity — State corporation — Independent legal personality — Whether entitled to State immunity — Entitlement to immunity limited to acts performed jure imperii — Whether property subject to attachment — The law of Switzerland
In: International law reports, Band 87, S. 538-545
ISSN: 2633-707X
538State immunity — Jurisdictional immunity — Waiver — Forum selection clauses — Commercial activity exception — State corporation — Action between two foreign corporations — Whether requirement of sufficient nexus between case and the United States — United States Foreign Sovereign Immunities Act 1976 — The law of the United States
Conclusiveness of statements of the Executive States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Conclusiveness of statements of the Executive — Sovereign immunity — Refusal of State Department to indicate immunity — Whether binding upon courts — The law of the United StatesJurisdiction — In general — Territorial — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Doctrine of sovereign immunity — Relationship to act of State doctrine — Central bank — Acts of bank regarded as commercial — Sovereign immunity not applicable — Whether act of State available as a defence — The law of the United StatesState responsibility — Nature and kinds of — For taking of, or interference with, property — Currency regulation — Cuba — Right of foreign investors to convert proceeds of investment into foreign currency — Certificates promising to pay foreign currency on presentation of equivalent amount in Cuban currency — Suspension of all payment under such certificates — Whether equivalent to confiscation of property rights — Whether contrary to international law — The law of the United StatesStates as international persons — In general — Recognition of acts of foreign States and governments — Act of State doctrine — Scope and application — What constitutes act of State — Whether relevant that foreign sovereign has violated its own laws — Hickenlooper Amendment to United States Foreign Assistance Act 1964 — Scope — Whether limited to cases involving confiscation of property rights — 6Currency regulations — Cuba — Decision to suspend processing of certificates promising to convert Cuban currency into United States dollars — Whether equivalent to a confiscation of property — Nature of rights under such certificates — Sovereign immunity — Restrictive theory — Role of State Department — The law of the United States
In: International law reports, Band 91, S. 259-263
ISSN: 2633-707X
259State immunity — Head of foreign State — Property — Immunity from attachment and execution — Whether extending to property of Head of State's wife and childrenState responsibility — For debts — State-owned corporations — Corporation controlled by President of foreign State — Whether President may be sued for debts of corporationExpropriation — Compensation — Provision for payment of compensation following nationalization of foreign-owned property — Policy of "Zairianisation" — Transfer of assets to Zaire corporation controlled by President of Zaire — Attempt to secure compensation payable by corporation to former shareholders — Attachment of personal assets of President in Belgium — Whether President personally liable for payment of compensation — The law of Belgium
In: International law reports, Band 84, S. 106-132
ISSN: 2633-707X
106State immunity — Jurisdictional immunity — Commercial activity exception — Nature of acts giving rise to cause of action — Mexican bank refusing to honour terms of certificates of deposit because of Mexican exchange regulations — Whether a commercial act — Whether bank acting as instrumentality of Mexican State — Distinction between bank's acts and act of Mexican Government in promulgating regulationsRelationship of international law and municipal law — Act of State and justiciability — Nature of United States act of State doctrine — Judicial restraint in matters of foreign relations — Whether there is a commercial activity exception to the act of State doctrine — Enactment of exchange control regulations — Whether a sovereign or commercial activity — Treaty exception to act of State doctrineJurisdiction — Territorial — Property — Situs of debt — Application of exchange control regulations — State with which debt most closely connectedEconomics, trade and finance — International Monetary Fund — National exchange control regulations — Allegation that regulations contrary to IMF Articles of Agreement — Approval of regulations by IMF — Effect of approval on municipal courtComity — Nature of — Act of State doctrine and sovereign immunity as application of principles of comity — The law of the United States
In: International law reports, Band 88, S. 302-310
ISSN: 2633-707X
302Comity — Mutual judicial assistance — Respect for foreign laws — Request to foreign courts for examination of witnesses — Request for evidence regarding foreign legislation — Allegation that foreign legislation penal and discriminatory — Whether effect should be given to foreign legislation — Whether request for judicial assistance contrary to notions of comityRelationship of international law and municipal law — Act of State and justiciability — Duty of courts of one State to give effect to laws of another — Exceptions to duty — The law of England