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Temengil and Others v. Trust Territory of the Pacific Islands and Others

United States.  28 July 1989 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Jurisdiction — Extraterritorial — Extraterritorial effect of legislation — Whether all legislation enacted by United States Congress automatically applicable to trust territory — Whether requirement of specific legislative intent — Trust Territory of the Pacific Islands — Trust Territory Government located in self-governing Commonwealth of the Northern Mariana Islands — Covenant between United States and Commonwealth automatically applying United States laws to the Commonwealth — Whether federal civil rights legislation applicable to Trust Territory Government

State immunity — Trust territory — Whether immune from jurisdiction of courts of administering authority — Whether possessing sovereignty — Trust Territory of the Pacific Islands — Quasi-sovereign entity — Effect of enactments by United States Congress — Action concerning employment discrimination against Trust Territory Government — Whether United States Federal Court having jurisdiction — Whether Trusteeship Agreement conferring jurisdiction

Territory — Trust territory — Sovereignty over trust territories — Trust Territory of the Pacific Islands — Division into four self-governing areas — Whether Trust Territory Government retaining sovereignty following granting of self-government

Relationship of international law and municipal law — Treaties — Whether granting private rights of action — Trusteeship Agreement for the Former Japanese Mandated Islands, 1947 — Whether granting private rights of action for monetary damages

Treaties — Interpretation — Ordinary meaning of words — Object and purpose — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1994

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