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Dayton v. Czechoslovak Socialist Republic and Others Stiassni v. Czechoslovak Socialist Republic and Others

United States.  19 December 1986 ; 08 December 1987 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State immunity — Jurisdictional immunity — State corporation — Whether to be treated as alter ego of State — Exception to immunity for proceedings concerning property taken in violation of international law — Requirement that property be owned or operated by instrumentality of foreign State engaged in commercial activity within the United States — Waiver — Whether establishment of State corporation as body capable of suing and being sued amounting to waiver of immunity — United States Foreign Sovereign Immunities Act 1976

Relationship of international law and municipal law — Act of State and justiciability — United States act of State doctrine — Extent — Taking by foreign State of real property within its territory — Interference with conduct of foreign relations by the Executive — Executive attempts to achieve a negotiated settlement with foreign State

Expropriation — Definition — Taking of property on promise of compensation — Subsequent repudiation of promise — Whether repudiation a separate taking of property in violation of international law

Claims — Nationality of claims — Former owners of nationalized property becoming nationals of claimant State between date of nationalization and repudiation by nationalizing State of promise to pay compensation — Lump sum claims settlement agreement — Effect — Whether barring claims in municipal courts — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1989

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