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Articles 1 - 5 of 5
Full-Text Articles in Law
Whiteman: Digest Of International Law, William W. Bishop Jr.
Whiteman: Digest Of International Law, William W. Bishop Jr.
Michigan Law Review
A Review of Digest of International Law. Edited by Marjorie M. Whiteman
Sabbatino Doctrine Modified In Foreign Assistance Act Of 1964, Michigan Law Review
Sabbatino Doctrine Modified In Foreign Assistance Act Of 1964, Michigan Law Review
Michigan Law Review
Prior to Banco Nacional de Cuba v. Sabbatino, one of the United States Supreme Court's most controversial recent decisions touching on matters of international law, it had been held that American courts could not question titles to property acquired by virtue of a public taking decreed by a recognized foreign government and carried out within its territory. This concept of judicial abstention, embodied in the "act of state doctrine," was held applicable in Sabbatino even though it was alleged that the asserted claim to the property stemmed from a confiscation that violated customary international law. This decision led Congress …
Sovereign Immunity Restricted To Noncommercial Activity-Victory Transport Inc. V. Comisaria General De Abastecimientos Y Transportes, Michigan Law Review
Sovereign Immunity Restricted To Noncommercial Activity-Victory Transport Inc. V. Comisaria General De Abastecimientos Y Transportes, Michigan Law Review
Michigan Law Review
Although frequently criticized, the established doctrine of absolute sovereign immunity has long prevented suits in the courts of the United States against foreign nations without their consent. The Court of Appeals for the Second Circuit, however, in ,em>Victory Transport Inc. v. Comisaria General de Abastecimientos y Transportes, affirmed a district court order compelling arbitration between an American shipowner and the Spanish Ministry of Commerce in accordance with the terms of a contract to carry wheat from Alabama to Spain. Although the Spanish Consul asserted that the Ministry, as a branch of the Spanish government, was immune from suit …
The Act Of State Doctrine After Sabbatino, William J. Bogaard
The Act Of State Doctrine After Sabbatino, William J. Bogaard
Michigan Law Review
The United States Supreme Court recently decided, in Banco Nacional de Cuba v. Sabbatino, that American courts must enforce a recognized foreign government's expropriation decree even though the decree violates international law. The Court, contrary to the views of respected international lawyers, found this result dictated by the "act of state doctrine," which bars American courts from reviewing the validity of another nation's official acts. The decision, amid frequent revolutionary confiscations and national programs of expropriation, seriously draws into question the wisdom of further investments in developing countries. This is unfortunate because American foreign investments benefit the receiving country …
Toward Supremacy Of Treaty-Constitution By Judicial Fiat: On The Margin Of The Case, Eric Stein
Toward Supremacy Of Treaty-Constitution By Judicial Fiat: On The Margin Of The Case, Eric Stein
Michigan Law Review
Increased interdependence of states in modem times has shaken the nineteenth century doctrines of extreme dualism and positivism. These doctrines would build an impenetrable wall between the international and national legal orders; they would elevate the state to the position of exclusive actor and deny the individual any standing in the international legal order; and, in the interpretation of a rule of law, they would exclude any regard for the political, economic, and social context in which the rule is applied.