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First Fidelity Bank NA v. Government of Antigua and Barbuda-Permanent Mission

United States.  07 June 1989 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Diplomatic relations — Diplomatic representatives — Ambassador — Relationship between ambassador and sending State — Authority of ambassador to bind sending State in dealings with third parties — Whether sending State automatically bound by all official acts of ambassador — Whether relationship between ambassador and sending State one of principal and agent — Whether relationship governed by agency laws of developed States — Apparent authority test — Antiguan ambassador to the United Nations — Obtaining bank loan and waiving Antiguan sovereign immunity without actual authority — Whether Antigua bound by actions of ambassador

State immunity — Jurisdictional immunity — Waiver — Unauthorized waiver of sovereign immunity — Ambassador purporting to waive sovereign immunity of sending State — Whether waiver binding on sending State — Judgment in default — Grounds for setting aside judgment in default — Immunity from execution — Embassy bank account

Treaties — Conclusion and operation — Authority to conclude treaties — Ambassadors — Scope of authority — Whether ambassador having authority to conclude treaty on behalf of sending State — Ambassador acting beyond scope of his authority — Whether treaty binding on sending State — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1994

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