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Republic of Iraq v. First National City Bank

Published online by Cambridge University Press:  28 March 2017

John R. Stevenson
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Abstract

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Keywords

Act of state doctrine—legislationremoving bar imposed by doctrine to judicial determination of validity under international law of foreign sovereign act, held constitutional and applicable to cases pending at the time of enactment, including “Sabbatino” case
Type
Judicial Decisions
Information
American Journal of International Law , Volume 60 , Issue 1 , January 1966 , pp. 120 - 129
Copyright
Copyright © American Society of International Law 1966 

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Footnotes

*

Assisted by John E. Donnelly, Cornelius B. Prior, Jr., and William J. Williams, Jr., of the New York Bar.

References

page 120 note 1 Excerpted text of opinion; certain footnotes of the court are omitted and the others have been renumbered.

page 121 note 2 The doctrine of Sabbatino has since been drastically modified by statute, at least with respect to proceedings commenced before January 1, 1966 involving confiscations occurring after January 1, 1959. 22 U.S.C. § 2370(e) (2). Since the confiscation involved here occurred before January 1, 1959, this statute has no application to the present case.

page 126 note 1 Pending a final decision on the habeas corpus petition, the District Court had ‘released Martinez-Angosto to the custody of his wife and the parish priest.

page 129 note 1 Convention on Settlement of Matters Arising out of the War and the Occupation of Germany, 1954. 49 A.J.I.L. Supp. 69, at 93.xml